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Employment Law

Do we have to pay for ‘Promised’ hours?

02/01/2008

Q. We have a part-time, hourly employee who usually works three days per week for 12 hours. If we don’t have enough work to fill the time, can we send her home without paying her for the unworked hours that week? — J.T., South Carolina …

Verifying FMLA leave for chronic conditions

02/01/2008

Q. An employee has a chronic condition that’s been medically certified. What information can we request to verify that his absences relate to his medical condition? — D.J., Florida …

When English-Speaking staff resent Spanish chatter

02/01/2008

Q. We have a collegial atmosphere in our small factory. But several of our production line workers who don’t speak Spanish are complaining that bilingual employees chat among themselves in Spanish, leaving the others out of the loop. Everyone speaks English when talking about work, so it’s not a safety issue. Still, the non-Spanish speakers resent the Spanish chatter and wonder if they’re being talked about. What can we do? — L.C, Illinois …

Accommodation may mean leave plus reinstatement

02/01/2008

Employees who take their 12 weeks of FMLA and California Family Rights Act leave don’t lose the right to reinstatement once their time off expires. In fact, additional time off may be a reasonable accommodation under both the ADA and the California Fair Employment and Housing Act. What’s more, that additional medical leave would have to be accompanied by the right to reinstatement …

Minor discipline without pay or benefits loss isn’t retaliation

02/01/2008

Punishing someone who has filed EEOC or other discrimination claims is illegal. But that shouldn’t stop you from enforcing reasonable rules. Courts won’t ordinarily view as retaliation minor disciplinary actions that don’t cost employees any pay or benefits …

Sticker shock: Fee awards can dwarf money damages

02/01/2008

Here’s a powerful reminder to managers and supervisors that they must follow the letter and the spirit of discrimination laws: A recent California appeals court that heard a reverse discrimination case upheld an attorneys’ fee award that was 35 times higher than the dollar amount awarded to the employee who had been discriminated against …

Enforce dress and grooming code tactfully to avoid trouble

02/01/2008

You can’t legislate good taste. But that shouldn’t stop you from having and enforcing dress and grooming rules. How you enforce those rules, however, can make the difference between needless litigation and a productive workplace. Don’t joke around about an employee’s dress or style. Instead, call the person into a meeting and discuss the problem in private …

Shots for unionized med workers subject to bargaining

02/01/2008

Lately, the Centers for Disease Control regularly warns about the danger of the next super bug or pandemic flu outbreak. That’s one reason it’s no surprise that health care facilities want to inoculate staff against contagious illnesses. But in a union environment, it may not be enough to simply order employees to get shots …

Shipping interstate or intrastate? It matters for overtime

02/01/2008

Due to a legislative quirk, the Fair Labor Standards Act doesn’t cover many employees who deliver goods via the nation’s highways. Instead, the drivers are excluded under the FLSA’s motor carrier safety exemption. But it’s not so simple …

California Supreme Court grants new free-Speech power to unions and customers

02/01/2008

The California Supreme Court has ruled that unions and their supporters generally are free to urge customers shopping in private malls to boycott retailers at that mall. The ruling builds on earlier decisions that held that free-speech rights granted to California citizens in the state constitution are broader than those in the U.S. Constitution …