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Employment Law

Portlock Maintenance Systems workers got a bum deal

09/24/2008

An investigation by the New York State Department of Labor (NYSDOL) revealed that restroom attendants at numerous state fairs in western New York, New Jersey and Connecticut were not only unpaid, but were forced to give 50% of their tips to their employer, Easton-based Portlock Maintenance Systems …

Trouble in the air: The legal ailments of sick-building syndrome

09/24/2008

Although it may seem like the far-fetched excuse of an employee hoping to take a few days off from work, a condition known as “sick building syndrome” (SBS) is real. Some employees suffering from SBS have brought claims under the ADA. Others have sought recovery under state workers’ compensation laws …

Is it illegal to read others’ work e-mail?

09/24/2008

Q. I have reason to believe that someone in my department is reading my e-mail without my consent. Isn’t that illegal? …

What should we do if we suspect an employee is abusing workers’ comp?

09/24/2008

Q. How far can we go to make sure employees aren’t taking advantage of our company while they’re out on workers’ comp leave? Can we, for example, call them at home to make sure they are resting and not out working another job or otherwise abusing the system? …

Can we require male employees to keep their hair cut short?

09/24/2008

Q. May we require male employees’ hair be a certain length, or is that discrimination? Also, may we prohibit beards? …

Is it OK to exclude vacation pay when figuring base rate for overtime?

09/24/2008

Q. When we are figuring employees’ base pay for overtime calculations, can we exclude their vacation pay?

Give managers a 3-phrase script to respond to harassment complaints

09/23/2008

When one of your employees confides in her manager that she’s being harassed by a co-worker, what will that manager say? Hopefully, it’ll be something more constructive than “Go along with it."

Count minutes—not just hours—when figuring FMLA eligibility

09/23/2008

The FMLA limits leave eligibility to those employees who have worked at least 1,250 hours in the previous 12 months. Employers are perfectly within their rights to stick scrupulously to that 1,250-hour benchmark. They don’t have to round the hours up if the employee comes up short …

Court rules sex is a ‘major life activity’

09/23/2008

Alexander Bondarenko, a letter carrier, sued the U.S. Postal Service for constructive discharge and disability discrimination. The Postal Service argued Bondarenko wasn’t disabled because his back bad did not substantially limit a “major life activity,” as the ADA requires. Bondarenko disagreed. He said the back injury left him unable to have recreational sex …

Retaliation claim doesn’t win if it’s filed in wrong court

09/23/2008

An Elkhart employer is off the hook for retaliatory discharge for now—but maybe not for long. Lisa Lubarsky was reportedly a good employee of INOVA Federal Credit Union in Elkhart. But then she sued in a South Bend federal court for retaliatory discharge under Title VII of the Civil Rights Act of 1964 …