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Employment Law

When reorganizing, focus on essential company goals

06/01/2011
At some point, every employer will have to reorganize to cut costs or im­­prove effectiveness. Don’t let those making the reorg decisions take the easy way out by simply eliminating positions held by disabled employees.

Disabled employee wants open position? That may be a reasonable accommodation

06/01/2011
Employers have an obligation to reasonably accommodate disabled employees. They can’t just ignore an accommodation request—especially if it involves the relatively simple step of placing the employee in an open job.

Think co-worker religious bias wasn’t serious? Don’t bet on courts taking such a casual view

06/01/2011
Earlier this year, we told you about a North Carolina religious har­ass­ment case that was dismissed because the judge felt the alleged har­assment wasn’t serious enough to warrant a lawsuit. The EEOC asked the court to re­consider its decision and it did, order­ing the lawsuit reinstated.

Don’t blacklist worker who quits after complaining

06/01/2011
Management may breathe a sigh of relief if an employee quits after alleging some form of harassment or discrimination and then doesn’t march to the nearest courthouse right away. But before they thank their lucky stars, consider this: The former employee may show up years later, looking for a job—and a retaliation lawsuit.

DOL updates FLSA regs to reflect current law

06/01/2011
The DOL has issued final regulations, effective May 5, 2011, that clarify and conform the FLSA regs to the current law. While most of the changes the final regs make are technical, employers that pay based on the fluctuating workweek method and employers that take the tip credit are specifically affected.

Benefits 101: Understanding fundamental ERISA compliance

05/31/2011
The Employee Retirement Income Security Act of 1974 sets minimum standards for retirement and health benefit plans in private industry. ERISA does not require any employer to establish a plan. It only requires those that do to meet certain standards. Complying with ERISA can be difficult because it is a complex law. There are three components to compliance:

Documenting employee discipline: 3 cardinal rules

05/31/2011
Managers should make documentation of employee performance, behavior and discipline a regular habit. Strong documentation is especially important if an employee or ex-employee ever files a legal complaint saying his or her termination or discipline was based on illegal discrimination.

Don’t use second opinion to reject FMLA leave–request a ‘tiebreaker’ opinion

05/31/2011

The FMLA lets employees take up to 12 weeks off for their serious health conditions. If an employee gets a certification showing she has a serious health con­dition, you can request a second, independent assessment. But if the second opinion says the condition isn’t serious, that’s not the final word. FMLA regulations require a third opinion as the tiebreaker.

Feds push for more workplace smoking bans

05/30/2011
The CDC is pushing more state and local governments to enact total workplace smoking bans. More than 25 states now have laws prohibiting smoking in workplaces, restaurants and bars.

When employees foul up, feel free to tailor your response to fit the circumstances

05/27/2011

Employees break rules from time to time. They make mistakes occasionally. When those things happen, you have to respond. But don’t make the mistake of thinking you must discipline or correct every employee the same way all the time. Management needs the flexibility to tailor solutions to particular problems, because every situation is different.