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Employment Law

Can we require repayment of moving expenses if a new employee quits?

08/22/2008
Q. Our company plans to hire a manager who will move to North Carolina from out of state. We will pay her moving expenses. Can we recoup those payments if she quits after moving here? …

Employ teens? Child-Labor fines, enforcement on the rise

08/21/2008
Buried in the Genetic Information Nondiscrimination Act (GINA) that President Bush signed this year was a little-noticed provision that substantially increased the potential fines against employers that violate federal Fair Labor Standards Act (FLSA) child-labor laws. If employees under age 18 are killed or seriously hurt due to an FLSA child-labor violation, employers can now face a $50,000 fine for each violation

GAO pokes a stick at Wage & Hour auditors, waking them up for more aggressive OT probes

08/21/2008

A recent GAO report sharply criticized the Bush administration for mishandling overtime, back-pay and final-paycheck complaints filed by U.S. employees. The report said U.S. Department of Labor’s Wage & Hour Division auditors often failed to thoroughly investigate claims …

DOL: Employees must be paid for time worked, even if they violate mandatory meal-Break policy

08/21/2008
Work time is paid time. Period. You still must pay employees even if they work through a company-mandated meal break without a supervisor’s approval, according to a new U.S. Department of Labor opinion letter released July 29 …

Survey: Half of U.S. workers say they’ve felt discriminated at work; age is top factor

08/21/2008
Nearly half (47%) of the 2,200 respondents to a Harris Interactive survey say they’ve felt discriminated in some way at their jobs. Among those who’ve felt discriminated, age (52%) was the most prevalent form …

The HR I.Q. Test: September ’08

08/21/2008
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

You won’t work Sundays?! EEOC guide explains religious accommodations

08/21/2008

Title VII prohibits employers from discriminating against employees and applicants based on their religion. The EEOC recently published guidance to help employers deal with employees’ religion-based questions regarding time off, free speech, religious clothing and more …

When disciplining, focus on problems unrelated to FMLA or ADA disability

08/19/2008
You don’t have to fear being sued for ADA or FMLA violations just because you discipline a disabled person. Just as with any other employee, you can discipline if you focus on the tasks not completed and the rules broken. When it comes to attendance infractions, carefully document tardiness and absences that are not related to the employee’s disability or serious health condition …

Firing OK if FMLA return date isn’t honored

08/19/2008
When an employee goes out on FMLA leave, set a return date and stick to it. If she doesn’t show up back to work and doesn’t ask for an extension or a reasonable accommodation under the ADA, you are free to terminate her, effective at the end of the leave …

Suit: Lawmakers discriminated when they fired transsexual

08/19/2008
Vandiver Elizabeth Glenn, a transgender former legislative editor in the Georgia General Assembly’s Office of Legislative Counsel, filed a discrimination lawsuit alleging she was fired after she told higher-ups she would begin coming to work as a woman …