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HR Management

You don’t need a second opinion to reject FMLA certification

03/01/2008

The 6th Circuit Court of Appeals, which covers Michigan, recently handed employers some ammunition to fight FMLA claims. In its decision in Novak v. MetroHealth Medical Center, the court reaffirmed that an employer is not obligated to get a second opinion when it rejects an employee’s certification paperwork …

What if employees balk at new mandatory arbitration procedure?

03/01/2008

Q. We are considering adopting a new mandatory arbitration procedure. We are concerned that some of our employees won’t agree to the change in our policy. What should we do? Should we tell employees that they will be terminated if they don’t agree? Will employees be bound by the policy if they don’t agree and we don’t take any further action? …

One-Size-Fits-All harassment reporting policies don’t really fit all

03/01/2008
If you downloaded your company handbook from the Internet or took it with you from your last job—beware! Take a look at your anti-harassment policy’s reporting procedures. A new court ruling shows why you should take your policy out, dust it off and look it over closely … at least before a jury does …

Drivers’ overtime suit gets class-Action status

03/01/2008
On Jan. 4, a California Superior Court judge certified a class action brought by drivers who claimed they had been denied meal and rest breaks in violation of California law. The suit was brought by approximately 345 White Cap Industries delivery drivers …

Ensure your harassment policy includes requirement to promptly report violations

03/01/2008
Does your company’s sexual harassment policy include a provision that tells employees they must promptly report alleged sexual harassment? If it doesn’t, consider adding such a clause. The wording may help if an employee waits to report that her supervisor was allegedly harassing her …

Documented discipline rules save Leggett & Platt from charges

03/01/2008
Johnny Mathis worked for eight years in the Monroe plant of Leggett & Platt when he was terminated for excessive absences. While admitting his absences violated Leggett & Platt policy, Mathis, who is black, sued for discrimination, claiming that white female co-workers were not similarly punished …

Must our handbook include a disclaimer to preserve our ‘At-Will’ status?

03/01/2008
Q. I know some states, such as South Carolina, require employers to insert disclaimers into employee handbooks to prevent the handbooks from affecting the employer’s status as an “at will” employer. Does Georgia have such a law? …

What should a handbook disclaimer say?

03/01/2008
Q. How should an employee handbook disclaimer be worded? Is any specific language required in order for the disclaimer to be effective? …

Can we force workers to take vacation time?

03/01/2008
Q. Can we make employees take off vacation time? Our employees earn 20 days per year and are allowed to carry over a total of 60 days to the new year. Accrued vacation time is an unfunded liability, and our policy requires that we pay departing employees for their vacation time. We’d certainly prefer that they take time off rather than collect a large check when they leave. —G.D., Florida …

Fighting at work: Fire one, both or neither?

03/01/2008

Q. Two of our employees got into a fight. One had a weapon, the other didn’t. The unarmed person wound up in the hospital. His supervisor told the injured employee to get better and come back to work. But the owner doesn’t want either back. Can we fire the injured employee without any future problems? —M.R., New Jersey …