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Employment Law

Can we take away accrued vacation leave?

12/01/2009

Q. Some of our employees have accrued large amounts of vacation pay because they have worked here for many years. Can we strip this vacation pay at the end of the year?

With DOL on the prowl, it’s time to check your OT practices

12/01/2009

The U.S. Department of Labor’s Wage and Hour Division is preparing to crack down on employers that stiff workers out of overtime pay—and now it’s hired extra staff to find and punish employers that break the law. As enforcement gears up, we’ve got resources you can use to make sure you’re in compliance.

Document employee response to negligent work

12/01/2009

If you employ licensed professionals such as nurses or pharmacists, the time may come when you have to report shoddy practices or ethical lapses to the Ohio board that issues and maintains their licenses. To avoid a lawsuit over whether your report was malicious and therefore not covered by an employer privilege, carefully document the acts and behavior that you believe are negligent or unprofessional. Be sure to let the employee respond to your concern.

Psst! Heard the good news? You’re not liable for gossip

12/01/2009

A court has ruled that an employer isn’t liable for defamation when employees discuss what may or may not have led to disciplinary action.

Don’t sweat perfection when investigative honesty is enough

12/01/2009

Employers often agonize over whether their workplace investigations are thorough enough. They worry that they somehow have to ascertain the absolute truth and can’t make any mistakes. Relax. As long as your investigation is reasonable, courts won’t interfere—even if your conclusions were wrong.

EEOC: Company illegally used credit, criminal records

12/01/2009

The EEOC has cited national convention marketing firm Freeman Companies with discriminatory hiring practices based on the company’s use of applicants’ credit scores and criminal background checks in hiring. The EEOC alleges the company’s hiring practices have a disparate impact on minorities and women.

Let the sun shine in—or you could wind up facing ADA liability

12/01/2009

The ADA requires employers to provide reasonable accommodations to enable employees to perform the essential functions of their jobs. While the types of reasonable accommodations required can vary greatly depending on the employee’s medical condition and the particular job, it was not until recently that a court found that permitting an employee to work in natural light might be a reasonable accommodation.

Don’t let chronic complainer scare you from legit discipline

12/01/2009

Some employees see discrimination everywhere and constantly complain. How you react can mean the difference between winning and losing a lawsuit. Keep cool no matter how often the employee runs to the EEOC. Focus on his work, not the complaints, and treat him like every other employee.

Disciplinary mistake? Set it right—pronto!

11/27/2009

We all make mistakes, especially when acting in haste. Unfortunately, a mistake in the employment law world can mean a long and expensive lawsuit. On the other hand, courts are inclined to forgive employers that genuinely try to make things right. That’s why employers should fix errors and take real measures to make sure any potential negative effects of a disciplinary action have been removed.

When religious needs conflict with schedule, shift swaps may be reasonable accommodation

11/25/2009

Many employers make it easy for employees to swap shifts if they consider their hours undesirable or inconvenient. Employers may do this by preparing the schedule well ahead of time and posting it where employees can easily see it. That makes it easy for management to know who is swapping with whom and to approve swaps arranged between employees. A shift-swap policy may also be all you need to win a religious accommodation lawsuit.