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Employment Law

When disaster strikes, are employees eligible for FMLA?

07/29/2011
With tornados, floods and fires topping the news in recent months, a question arises: What’s an employer’s obligation to give FMLA leave when the disaster affects employees or their families?

Online tool helps employers record worker injuries/illnesses

07/28/2011
After an injury occurs at work, do you know how (or even if) you should keep a record? OSHA recently unveiled a new online tool, the OSHA Recordkeeping Advisor, that uses a Q&A format to help you decide.

White teachers file bias suit against Philly schools

07/27/2011
Thomas Mifflin Elementary School in Philadelphia has been roiled by news of a lawsuit filed by four white teachers who claim they are victims of race discrimination.

Giving employee the Sabbath day off: When is it an ‘undue hardship’?

07/27/2011

Federal religious discrimination law (Title VII) says employers are obligated to “reasonably accommodate” an employee’s religious belief and practices, unless doing so would cause an “undue hardship” to the organization. In this case, accommodating an employee’s request for every Sabbath day off could effectively invalidate a collective-bargaining seniority system and create a real hardship for the other employees who would have to work instead.

Are we required to verify ex-employee’s info?

07/27/2011
Q. Sometimes, we get calls from government agencies or collection agencies seeking employment verification. Do we have to provide the information?

Should we log independent contractors’ hours?

07/26/2011
Q. Does asking independent contractors to complete a time sheet jeopardize their contractor status?

Do we have to tolerate moonlighting by employee who is out on FMLA leave?

07/26/2011
Q. We recently learned that an employee on FMLA leave is working for another company. Can we fire him?

What should we do? Employee almost divulged insider-trading information on Facebook

07/26/2011
Q. We recently learned that one of our employees posted comments on a friend’s Facebook page, coming to our company’s defense over a recent drop in stock price. The employee came dangerously close to disclosing information about earnings that were not yet public. What can and should we do?

Must we pay for pre-shift talk?

07/26/2011
Q. Last week, we asked a nonexempt employee to come in 30 minutes before her regular start time to talk to her about a complaint that had come to our attention. Do we have to pay her for the time spent in discussions with management?

How should we pay if our time clock breaks?

07/26/2011
Q. Because of a time-clock malfunction, we couldn’t determine how much pay we owed some employees. What is our obligation to pay employees if we can’t calculate the exact number of hours worked? Is there any penalty for the delayed payment?