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Employment Law

Update job descriptions to include new duties

01/03/2011

If you don’t have accurate and up-to-date job descriptions, you’re probably courting trouble—especially if an employee develops a disability and wants a reasonable accommodation. That’s because what an employee considers a job’s essential functions may not jibe with your assessment.

Credibility plays part in handling harassment

01/03/2011

When you have to fire a protected-class employee for sexual harassment, there’s always the fear that he will turn around and sue for discrimination. But remember: Credibility plays a part in deciding what happened in cases of alleged harassment. If a respected and trusted employee made the harassment accusation, the fired worker will have a hard time winning a lawsuit.

Twittering away the day on FMLA

01/03/2011
Have you ever searched Twitter for the term “FMLA”? You’ll find some interesting interpretations on how people use their “family” or “medical” time off. Chicago law firm Franczek Radelet PC collected these recent tweets:

When conducting bias investigations, you don’t need to be perfect–just reasonable

12/31/2010
Here’s a bit of good news for HR professionals who worry that they aren’t conducting perfect investigations. Courts just want to see employers act reasonably. That doesn’t mean investigations must prove employee misconduct beyond a reasonable doubt.

Are employers required to ban texting while driving?

12/31/2010
The legal wall against texting while driving is building. In 2009, an executive order prohibited federal employees from doing it. In 2010, federal regulations made it illegal for commercial truck and bus drivers to do it. And laws in at least 30 states make it unlawful for all drivers to text in the driver’s seat. But what about drivers who aren’t covered under any of those laws?

ABA/DOL partnership: ‘New sheriff’ gets a deputy, which could trigger more FMLA, FLSA lawsuits

12/30/2010
Proclaiming “there’s a new sheriff in town,” U.S. Department of Labor Secretary Hilda Solis last year launched a series of new enforcement efforts aimed at employers. Last month the DOL unveiled a first-of-its-kind attorney-referral partnership with the American Bar Association.

Does new law allow nursing, or just pumping?

12/29/2010
Q. We set up a room for new mothers to express milk, complete with a refrigerator and comfortable chair. Now we have a new mother back at work after just four weeks who has the grandmother bring the infant to the workplace every three hours for nursing. This is very disruptive. Can we tell her to express and store the milk instead?

Trend: Lawsuit ‘venture capitalists’ feed litigation fire

12/28/2010
In the past, it was common for lawyers representing employees to front the money for filing fees, deposition costs and expert witnesses. Enter a new enterprise—companies that essentially invest in lawsuits by lending to lawyers money required to mount successful litigation. This new financing system is helping lawyers bring more lawsuits without risking their personal wealth.

Snow day pay: Can we dock for tardiness, no shows?

12/23/2010
Q. We dock hourly employees who arrive late for work, but not our exempt employees. There’s quite a bit of resentment about this policy, especially since over time our exempt employees have been extending the time it takes them to get to work during inclement weather. We know we can’t dock exempt employees if they make it in during snow days, but can we discipline them?

Tuscarora Yarns pays to get untangled from suit

12/22/2010
Tuscarora Yarns, based in Mount Pleasant, has agreed to settle an EEOC lawsuit filed on behalf of a former employee who says she lost her job after accusing a plant manager in Oakboro of sexual harassment.