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Employment Law

Prepare for change when ADA Amendments Act takes effect next month

12/04/2008

The ADA Amendments Act of 2008, which goes into effect on Jan. 1, 2009, is designed to restore protections for the broad range of individuals with disabilities, as originally envisioned by Congress. The amendments were also meant to reverse several U.S. Supreme Court decisions that limited the ability of individuals to qualify as disabled …

Are we responsible for repairing employee’s car damaged on company time?

12/04/2008

Q. Are employers responsible for fixing an employee’s car if it is involved in an accident while traveling to conduct company business on company time?

How much investigation information do we need to give to suspended employee?

12/04/2008

Q. If we suspend an employee “pending investigation,” what information must we provide to the employee?

What’s our liability when a supervisor strikes an employee?

12/04/2008

Q. We recently had an incident in which a supervisor hit an employee. Are we liable? What kind of violence is a company responsible for preventing?

Do we need posters at every work site?

12/04/2008

Q. Must a company post mandatory notices at every work site? What are the penalties for failing to put up the mandatory posters?

If an employee’s loved one dies, can he use FMLA leave to settle estate affairs?

12/04/2008

Q. One of our employees has been out on FMLA leave for seven weeks taking care of his sick mother in another state. We approved a full 12 weeks of leave. I received a voice mail from him saying that his mother died. He also said that he had to clear up a lot of things with his mother’s estate, but that he would be back by the end of his scheduled leave. Can he do that, or can I tell him he needs to come back sooner?

Could we get in trouble? Brief posting led to job for applicant with inside info

12/04/2008

Q. My company posted an internal job position for 24 hours and only one person applied. She got the job. This person knew about the position and the posting because she works in HR. Is this legal to do in the state of Texas?

Personnel records: Your guide to ADA and FMLA medical confidentiality

12/02/2008

Both the ADA and the FMLA have strict requirements for how employers must handle employee’s confidential medical information. HR professionals must know these rules to comply with both laws—and to avoid expensive legal liability for failing to do so. Here are the details you need.

The new FMLA: 9 changes you must comply with

12/02/2008

For the past 15 years, complying with the FMLA has been complex, but at least the law stayed the same. On Jan. 16, that all changed. That’s the day the first major overhaul of the FMLA took effect. Here are the details.

Should you make copies of employees’ I-9 documentation?

12/01/2008

Federal law says employers are allowed, but not required, to make copies of the drivers’ licenses and other documents that their employees show for I-9 purposes. But is it legally wise to make those copies? Attorneys are split on the issue. Here’s our analysis, plus answers to six common I-9 questions …