• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

FMLA leave OK for pregnant worker who can’t do her job

09/21/2010
Doctors sometimes tell pregnant employees they can’t lift anything in excess of a certain weight. If the job requires such lifting, there is nothing to prevent the employer from placing the pregnant worker on FMLA leave.

It’s not just doctor’s FMLA call anymore: Court allows worker’s say on health condition

09/21/2010
Here’s a new Florida case you should be aware of. A federal district court judge has allowed an FMLA interference case to go forward based on an employee’s testimony that she was absent due to a serious health condition when her employer terminated her.

Base all decisions on legit business needs–and then be sure to document your reasoning

09/21/2010

Smart employers don’t make any decisions that affect employees without documenting the reasons. You may never need that documentation, but it’s good to know it’s available. It could come in handy if an unhappy employee claims the real reason behind the decision was discrimination.

When petty office squabbles boil over, take solace in one thing: It’s probably not a federal case

09/21/2010
No workplaces are perfect. Co-workers, supervisors and subordinates don’t always have others’ best interests at heart. When it comes to interoffice feuds, employees won’t find much help in federal anti-discrimination laws. Those laws don’t guarantee a workplace free of friction and ambition—just one that’s free of illegal bias.

Workers trained to clean up Gulf oil spill cry foul

09/21/2010
When the Deepwater Horizon oil spill disaster began, hundreds of Panhandle workers signed up to receive training on how to safely clean up the mess. Now that they have completed the program, some are complaining that they can’t start working because their employers are withholding the certificates. OSHA is looking into the complaints …

‘Fairness’ audit prevents surprise liability

09/21/2010

It’s hard to control what low-level supervisors are doing—especially when it comes to distributing work in a commissioned sales environment. Your best protection is to conduct a self-audit of all leads. Make sure everyone is getting a fair cross-section of leads based on easy-to-understand metrics.

Alert: Key EEOC reporting deadline is next Thursday

09/21/2010

Most large employers (and federal contractors) have just a few days to submit key employee demographic data to the EEOC. The deadline for filing EEO-1 reports is next Thursday, Sept. 30. Find links to the EEOC’s online reporting system and an explanation of what you need to report.

Late FMLA notice: When must you cut slack?

09/21/2010
Last year’s FMLA regulations gave employers new powers to demand notification from employees. But while you can now hold employees to your “usual and customary” notice procedures when they’re notifying you of unexpected FMLA leave, you must allow some flexibility for emergency circumstances.

Courts frown on bosses blaming subordinates for shortcomings

09/20/2010

Here’s something to consider when disciplining a supervisor or manager: She probably won’t be able to get away with blaming a subordinate for her own poor performance. Employers are entitled to expect managers to manage.

Weight discrimination: The next big protected category?

09/20/2010
Can employees be fired for being too fat? The topic is heating up, due in part to national headlines gained by two Hooters waitresses in Michigan who claim they were fired for being overweight. A judge has given them the green light to bring their cases to trial.