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Employment Law

Offer reasonable ADA accommodations–but you don’t have to provide full-time helper

02/11/2011

It can be devastating when an employee becomes severely disabled in the prime of life, especially if it’s clear the disability means she will never be able to perform her old job without substantial assistance. Well-intentioned, compassionate employers try their best to help. But the tough question is how far they should go to accommodate the disabled employee’s restrictions.

Put a stop to harassment ASAP–fast action now prevents liability even years later

02/10/2011
Sexual harassment sometimes grows slowly, starting out fairly innocuously before accelerating to behavior that creates a truly hostile work environment. Courts understand that and have created a specific legal doctrine to help harassed employees—the continuing violation doctrine.

With harassment, punishment should fit crime

02/10/2011

Employers sometimes assume they have to harshly punish every incident that violates their sexual harassment policies—which often means termination. That isn’t necessarily so. You can differentiate between various kinds of conduct that fit your definition of harassment, but clearly aren’t equally severe.

Must we accommodate ‘alternative’ religions?

02/10/2011
Q. We gave three Muslim employees a prayer area and time off to pray. This seems to have given others ideas. We had two religious accommodation requests for time off and dress code modifications. But I’ve never heard of their “religion.” Can I ask more about it?

Should we forbid supervisors from becoming their subordinates’ friend on Facebook?

02/09/2011
Q. A supervisor recently asked if he was allowed to accept a subordinate’s “friend” request on Facebook. How should we advise our supervisors?

Must we prorate bonuses for employees who missed work while out on FMLA leave?

02/09/2011
Q. Many of our employees are eligible for a bonus at the end of each year if they meet specific yearly sales goals. Are we required to prorate the bonus for employees who fail to meet their goals because they took FMLA leave during the year?

How to legally make the digital leap to electronic HR records

02/09/2011
Given the low cost and the easy accessibility of electronic records storage, many employers are making the digital leap to “paperless” HR. But despite the many benefits of going paperless, a host of legal problems could derail even the best-intentioned digital records plan. Carefully consider these legal issues when transitioning to an electronic personnel records system.

St. Paul cancer victim’s case may show ADAAA’s impact

02/09/2011
The tragic case of a St. Paul nurse who died of cancer may soon test the reach of the Americans with Disabilities Act Amendments Act, now that the EEOC has filed a lawsuit alleging that her employer violated the law by refusing to accommodate her disability.

Follow federal FLSA rules to pay for ‘donning & doffing’

02/09/2011
Good news for Minnesota employers that have been worried about how to pay employees for the time they spend putting on and taking off protective clothing before and after their shifts: Paying overtime as required by federal law generally means no additional payment is due under Minnesota law.

Make sure employees record all hours they work

02/09/2011
Do you have an hourly employee who seems to be getting a tremendous amount of work done? Make sure she isn’t skipping breaks.