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Employment Law

Calling your employment attorney: When it’s needed, when it’s not

09/07/2010
Say your HR office just received a subpoena for the employment records of an employee. How should you respond? Maybe your company doesn’t have a general counsel. Maybe you don’t even have an HR office—it’s just you! Then what do you do?

Kobe-Wieland hit with ‘regarded-as-disabled’ suit

09/06/2010
Copper tubing manufacturer Kobe-Wieland faces a disability discrimination suit for allegedly terminating Joseph Cardwell because it perceived him to be disabled when he was not.

One sex always does the dirty work? Be prepared to show that it’s essential

09/06/2010

If supervisors disproportionally push either men or women to perform certain distasteful or dangerous tasks, you could face a sex discrimination claim. If that happens, you had better be prepared to show that gender is a bona fide occupational qualification for the tasks.

Can we shuffle hours between weeks to avoid OT?

09/06/2010
Q. Employees at our construction company sometimes work more than 40 hours in one week, but far fewer than 40 the next. We have been transferring the extra hours to the next week. Can we do this?

What are the rules? I’m afraid we wrongly denied an employee’s FMLA leave request

09/03/2010
Q. An employee worked for us for years, took four years off to have a child and was rehired nine months ago. She asked for time off because her child needed surgery. We refused because we thought she was not FMLA-eligible. After we terminated her for an unauthorized leave of absence, we received a nasty letter from her attorney threatening to sue us for violating her rights under the FMLA. Who’s right?

Where can I get the new EEO poster we need?

09/03/2010
Q. I heard something about a new EEO poster that employers are required to have in their workplaces. Can you explain this new requirement?

How should we get medical information for certifying the need for FMLA leave?

09/03/2010
Q. Is there any help you can provide on how we should obtain medical information from employees taking FMLA leave?

What are Ohio’s rules on military leave?

09/03/2010
Q. An employee recently requested a leave of absence because her husband left for Afghanistan. We denied her request. Now, I’m worried that we may have acted wrongly. Did we?

First Transit sued over criminal background checks

09/03/2010
Cincinnati-based First Transit faces charges that its policy barring all applicants who have a felony conviction disparately impacts minorities and therefore violates the Civil Rights Act.

EEOC sues Safelite Glass for sexual harassment

09/03/2010
Columbus-based windshield replacement company Safelite Glass is facing EEOC charges following allegations that an HR manager in North Carolina sexually harassed a female employee.