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Employment Law

Firing after FMLA leave: How soon is ‘too soon’?

05/27/2009

An employer fired a worker just six weeks after she returned from FMLA leave. Six weeks is like a nanosecond on the retaliation stopwatch. But the court still dismissed the case. Why?

So an employee tells you she’s seriously ill … now what?

05/27/2009

It’s sad enough when an employee becomes seriously ill. What makes it tougher is that work doesn’t stop. Deadlines remain, customers need service and paperwork piles up. Mistakes can mean not only hurt feelings but also potential legal liability problems. Here are four ways supervisors and HR can handle such situations with tact and legal skill.

Must we accommodate Sunday as ‘family time’?

05/27/2009

Q. Every summer, we hire youth lifeguards for our municipal pool. We hold training on Sunday evenings. A couple of applicants said they can’t attend that time for “religious reasons.” It’s not a conflict with a religious activity—only family time. If we deny them the job, are there any religious discrimination implications?

How long should we retain employee files?

05/27/2009

Q. How long after employees have left should we retain their files? And if we shred the files, do we have to keep a record of employment date, termination date and any other information?

Payroll pain: Can we ask staff to work for no pay?

05/27/2009

Q. We are having trouble making payroll and have asked our employees to give up pay for 20 hours per month while they work their regular schedules. Can we do this? Or should we just cut their salaries or hourly wages to make up the difference?

When must we pay for travel time?

05/27/2009

Q. Some of our employees travel out of the country on business. We provide a per diem amount for meals, etc. Is there any requirement regarding when we must start the per diem clock ticking? For example, if someone leaves on a trip Friday afternoon and returns Monday morning, do we have to pay for four full days?

Immigration crackdown targets employers—not illegal workers

05/27/2009

Fulfilling a pledge President Obama made during the 2008 campaign, the Department of Homeland Security has announced its immigration enforcement activities will target employers that hire undocumented workers instead of focusing on arresting and deporting the workers.

Uniform rules: Police can ban religious garb if there’s a public-policy reason

05/27/2009

Police and similar public safety departments can forbid their officers and other uniformed personnel from wearing religious symbols and garb if they provide the right ground rules. But it’s a thorny issue that’s worth giving plenty of consideration.

Look for hiring trends that could signal bias—you might just avoid a huge jury award

05/27/2009

Most applicants who aren’t hired just go away. But sometimes they don’t—and then it’s time to watch out! A rejected applicant can play the discrimination card, possibly costing you an expensive jury award. That’s one good reason to check your hiring practices for hidden bias.

Offering help at interview doesn’t mean you regard applicant as disabled

05/27/2009

As an employer, you’ve probably learned to ignore apparent disabilities because you could end up violating the ADA if you inquire about disabilities. That doesn’t mean, however, that you’ll run afoul of the law if you do something as simple as offering assistance to an applicant who is having trouble navigating stairs or getting on the elevator.