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Employment Law

Fitness-for-duty exams: When can they be used?

10/15/2010
We’ve all tussled with sending employees to fitness-for-duty exams when returning from an injury or illness. When are they the right decision? When do they create liability? As this case shows, it’s best to let the doctor make the right call …

When is it legal to round pay to nearest 15 minutes?

10/14/2010
Q. We have an hourly employee who consistently arrives late—about seven to 10 minutes each time. Can we cut her pay to the nearest quarter hour? We would, of course, pay her for staying later.

Pinellas uniform company to try on age-bias suit

10/13/2010

Fifteen former employees of a Pinellas uniform company have filed suit against the company, claiming its latest rounds of job cuts violated the Age Discrimination in Employment Act. In a combination of outsourcing and downsizing, Superior Uniform shipped some jobs to El Salvador and eliminated positions at its plant in Seminole.

Don’t fear retaliation claim if job changes are minor

10/13/2010

Employees who sue claiming discrimination have to show they endured some sort of adverse employment action, such as a demotion or termination. But what about changes in assignments, such as a new sales territory?

The HR I.Q. Test: October ’10

10/13/2010
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

New rules make it easier to appeal health claim denials

10/13/2010
Regulations released last month by the U.S. Department of Labor guarantee people the right to appeal health insurance claims denials directly to their insurers—and then, if necessary, to an external review board.

Make sure managers know laws against employee discrimination

10/12/2010

Last year, U.S. employees filed the second highest number of EEOC complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require treating all applicants and employees equally. But do your organization’s supervisors understand the relevant laws? Pass along this primer on federal anti-bias laws to make sure your compliance efforts start right on the front line.

Disabled vet charges nepotism at Bay Pines VA

10/12/2010
Disabled veteran Tracy Kendall’s odyssey in pursuit of an engineering technician job at Bay Pines VA Medical Center near St. Petersburg has taken him from mopping floors to the home of the head of the Department of Veterans Affairs—but it still hasn’t landed him the job.

How to draft a social networking company policy

10/12/2010
According to a recent survey, 22% of employees say they use some form of social networking five or more times per week, and 15% admit they access social networking while at work for personal reasons. Yet, only 22% of companies have a formal policy that guides employees in how they can use social networking at work. Here’s why you need one—and what it should include.

Casual question about bias isn’t protected activity

10/12/2010
Can a simple inquiry about discrimination become the basis for a lawsuit? No, according to the 11th Circuit.