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The smoke-Free workplace: complying with Florida law

10/01/2007

Florida employers were required to have smoke-free workplaces since the mid-1980s, but the state recently amended the Florida Clean Indoor Air Act to comply with the Florida Health Initiative. The law prohibits smoking in an “enclosed indoor workplace” with the exception of …

Tough attendance policy? Careful when calling ‘Strike three’

10/01/2007

To combat absenteeism, many organizations use a progressive discipline approach. These plans feature escalating penalties plus a no-excuses approach to the final violation. Some plans call for automatic termination when an employee hits a specific number of days absent or times tardy. That’s fine. Those measures may decrease late arrivals and cut down on unexcused absences. But if a termination is about occur, HR must be sure the last incident is beyond question …

City saves pension costs, loses $1.9 million lawsuit

10/01/2007

When the city of Ecorse hired a long-time city policeman to be chief of police, it seemed like a sound move. But problems began when the mayor terminated him because he was too old …

Employee fraternization—The kiss of discord?

10/01/2007

Q. We are a relatively small company, and it has come to our attention that two of our single employees have become romantically involved. One of the employees is in management. We have no policy addressing employee fraternization (if that is the correct term), and we wonder whether we can, or should, do something about it. Ideas? …

Make sure employees know your policies on moonlighting

10/01/2007

Do your employees ever take time off (whether vacation, personal time or even FMLA leave) to work a second job? You can’t do much about that unless you have a solid policy that prohibits moonlighting. Otherwise, employees on leave are free to spend that time any way they want, even working for someone else or in their own business …

Refusing to hire former criminals: Is it race discrimination?

10/01/2007

Does your organization have a blanket policy of refusing to hire any applicant with a criminal record? If so, make sure you can explain exactly why. A recent Pennsylvania court ruling shows that across-the-board “no ex-cons” policies can quickly run into legal trouble unless you can prove the restriction for a specific position was “job-related and consistent with business necessity” …

Pregnancy: Run disability leave concurrent with FMLA?

10/01/2007

Q. We provide short-term disability leave to new mothers. Is there any reason we can’t run that leave concurrent with FMLA leave? —S.B., Washington …

Can you force a worker to get FMLA certification?

10/01/2007

Q. We want to run paid time off concurrent with FMLA leave so employees don’t receive more than 12 weeks off (paid and unpaid combined). What if an employee says she’s taking vacation time, but we know it’s for medical tests? Can we force her to get a medical certification so we can subtract the paid vacation time? —L.L., Georgia …

Harassment victim doesn’t have to complain right away

10/01/2007

Under Title VII’s sexual harassment provisions, employers have few defenses if supervisors harass subordinates to the point that there’s a hostile work environment. But if the employer has an effective and well-designed complaint process that promises relief, it can reduce its liability—usually even if the harassed employee doesn’t take advantage of that process …

Class action may be price for policies that invite off-the-Clock work

10/01/2007

Does your organization have top-down policies that tacitly create incentives for hourly employees to work extra hours without pay? If so, you may be risking a class-action wage-and-hour lawsuit. That’s what happened to one large employer when a disgruntled hourly employee claimed the company practically forced him to work extra hours in order to keep his job …