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Employment Law

Asleep–or whatever–on the job? It’s safe to terminate

07/15/2010
It seems elementary that employees should work when they are being paid. But some employees apparently think it is fine to take unauthorized breaks by holing up in an inconspicuous place. You don’t have to put up with it.

Case appears headed for court? See if union contract requires arbitration instead

07/15/2010
There’s at least one upside to having a unionized workforce: Employees who have disagreements over pay or benefits generally have to use the arbitration process authorized in the union contract to pursue their claims. Your collective-bargaining agreement can save employers from expensive trips to the federal courts.

Before firing, make sure employee hasn’t made any recent safety complaints

07/15/2010

Minnesota employees who make good-faith reports about safety concerns are protected from retaliation. Before you approve a termination recommendation, make sure the employee hasn’t recently complained about safety issues. If he has, verify that the discharge reasons are genuine. Otherwise, prepare for a retaliation lawsuit.

One wrong word can launch a lawsuit: Warn bosses about the danger of ageist comments

07/15/2010
Following past recessions, hiring typically took place across the age spectrum once recovery began. Not this time. The Great Recession and its hiring hangover have hit older workers particularly hard. That’s sure to mean more lawsuits. Employment lawyers smell blood and will soon be going after employers they perceive as having policies biased against hiring older workers.

You don’t have to chase down FMLA certification

07/15/2010
Employers aren’t required to go out of their way to encourage employees to have a doctor certify a serious health condition that qualifies for FMLA leave.

Handle return-to-work issues with care

07/15/2010

Employees and their lawyers know to dig deep when they’re considering filing a discrimination lawsuit. They hunt for anything that smacks of unequal treatment based on some protected classification—and if they find something, they’ll sue. Consider this example:

Responding to an office affair? Don’t forget the ‘fair’ part

07/15/2010
When an office romance is in full bloom, it’s a tough secret to keep from the perceptive masses. But how’s an employer supposed to respond when an affair causes turmoil in the workplace? This court decision offers a good warning: Don’t discipline one partner but not the other.

‘Jon & Kate Plus 8,’ minus child labor violations

07/14/2010
Fans of “Jon & Kate Plus 8” can relax. After an investigation, the Pennsylvania Department of Labor & Industry decided not to fine the popular reality TV show for alleged child labor violations.

Feds propose new HIPAA privacy rules

07/13/2010
The Department of Health and Human Services has proposed new rules to strengthen HIPAA’s confidentiality and security measures. While your health insurance carrier will have primary responsibility for compliance, you need to be able to answer employees’ questions about their new privacy rights.

What are the rules on paying for weekend travel time?

07/13/2010
It’s one of the trickier wage-and-hour questions: How to pay hourly employees who travel on days they usually don’t work, such as Saturdays and Sundays. Learn the intricacies of determining which hours are paid, which are not and how the Portal-to-Portal Act exception to the Fair Labor Standards Act comes into play.