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Employment Law

Hispanic manager cannot object to diversity report

10/01/2007

Eduardo Padilla, an information technology manager for the North Broward Hospital District, filed a discrimination and retaliation lawsuit alleging he was laid off because he was Hispanic …

The smoke-Free workplace: complying with Florida law

10/01/2007

Florida employers were required to have smoke-free workplaces since the mid-1980s, but the state recently amended the Florida Clean Indoor Air Act to comply with the Florida Health Initiative. The law prohibits smoking in an “enclosed indoor workplace” with the exception of …

Immigration: Know your ‘Border guard’ responsibilities

10/01/2007

Together, the Immigration and Nationality Act of 1952 and the Immigration Reform and Control Act (IRCA) of 1986 govern U.S. immigration policy. IRCA was amended in 1990. With each new law, employers gain new responsibilities. For each new employee hired, U.S. employers must complete a Form I-9, Employment Eligibility Verification. The I-9 establishes the employee’s identity and his or her legal work status. Employers can hire only those who are eligible to work legally in this country …

When disciplining employees, pick one reason and stick with it

10/01/2007

Nothing raises suspicion among judges and juries more than inconsistent explanations. For example, shifting reasons for firing someone can backfire. You’re courting trouble if the employee filed a discrimination claim with your HR office or the EEOC or sued your organization before being fired. The key to a clean discharge—especially when the employee has filed discrimination charges—is picking a legitimate reason for firing the employee and sticking with it …

No right to full pay for light-Duty work

10/01/2007

Some employees qualify for FMLA leave because they have a temporary medical problem that prevents them from performing their usual job. Often, they’ll elect to accept a light-duty position instead of taking 12 weeks’ unpaid leave.
Light-duty jobs often come with a lower paycheck, presumably because so many of those positions are really “make-work” jobs typically used to accommodate on-the-job injuries. What happens if the employee elects light duty and demands his or her regular pay? Does he or she have that right under the FMLA? Not according to the 7th Circuit …

Tell managers: No paternalistic protection allowed

10/01/2007

Check patronizing attitudes—and comments—at the workplace door. Protective attitudes have no place at work and even a comment or two may spur on a sex-discrimination lawsuit. That’s why HR must tell managers and supervisors: Lay off the “I know what’s good for the delicate sex” comments. They are direct evidence of sex discrimination and a sure way to court …

Track discipline by type and protected characteristics

10/01/2007

Do you have ready access to your organization’s discipline records? Can you say with certainty that everyone charged with the same misconduct receives the same punishment? Or is there bias hiding in those records? The best way to check is to group discipline by type of misconduct and punishment and then compare employees’ sex, race, age and other protected characteristics against punishment for the same conduct …

Origin not the sole factor in national-Origin discrimination

10/01/2007

You know it’s illegal to discriminate against someone based on his or her national origin. You may not know that it’s also illegal to discriminate against someone who simply has characteristics that reflect a particular heritage, whether or not he or she claims a particular heritage …

No pay owed for on-Call employees’ ‘Commuting’ time

10/01/2007

If you have employees on call, you know how complicated paying them can be. But now at least one area of the law is fairly clear. A recent decision in a class-action case held that if employees report to their regular workplace in response to a call, they aren’t entitled to extra pay for their trip time. That counts as regular commuting time—which is always unpaid …

Promised to pay overtime when it wasn’t required? You have to anyway

10/01/2007

Are you sure you understand the Fair Labor Standards Act overtime provisions and when they apply? If not, now’s a good time to review them. An employer that agrees to pay more than required (because it mistakenly thought its workers were hourly employees entitled to overtime) can’t just change its mind …