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Employment Law

Special oversight OK for disabled employees who telecommute

11/14/2018
It’s OK to set slightly different conditions for two kinds of telecommuters, such as requiring tighter monitoring for disabled workers.

Employee doesn’t return after FMLA runs out? OK to fire for violating attendance policy

11/14/2018
If for some reason an employee doesn’t return to work at the end of his FMLA entitlement, then the employer is free to enforce a no-show, voluntary-quit rule based on the absences.

While you must accommodate disabilities, you don’t have to tolerate chronic absenteeism

11/14/2018
Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But at what point does absenteeism make it impossible for the worker to perform the job?

Beat bias lawsuits by showing you enforce attendance rules fairly and impartially

11/14/2018
Courts like to see employers use fair, business-related reasons for discipline. A neutral no-fault attendance policy, applied evenhandedly to all workers in the same job classification, is very likely to stand up in court.

Visa sponsorship isn’t an employment contract

11/14/2018
By sponsoring a visa application, an employer helps secure an employee’s right to work in the United States. But doing so doesn’t necessarily create any obligation to employ the worker for a set period of time.

Contractors can sue for bystander retaliation

11/14/2018
If employees say something when they witness sexual harassment, a corporate culture that tolerates sexual harassment will begin to change. But what happens if an independent contractor or temporary worker reports witnessing sexual harassment? Is he or she protected from retaliation?

IBM could be facing two big age bias lawsuits

11/14/2018
Tech giant IBM faces a class-action lawsuit filed on behalf of three former employees who claim they were terminated in violation of the federal Age Discrimination in Employment Act and similar state laws.

EEOC inquiries up 30% in FY 2018

11/13/2018
The EEOC fielded 30% more inquiries from the public in fiscal year 2018, which ended Sept. 30.

One year later, what employers can do to address #MeToo

11/13/2018
#MeToo and concern over sexual harassment in the workplace continues to be a hot topic. To protect your organization, consider taking these actions.

Minor benefits discrepancies can trigger EPA lawsuit

11/13/2018
Make sure all employees receive the same benefits if they perform jobs re­­­quiring the same skill, effort and respon­­­sibility. If men and women doing comparable work are treated differently, that may be an Equal Pay Act violation.