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Employment Law

Court finds Wayne State responded adequately to harassment claims

07/01/2007

According to the U.S. District Court, Eastern District, Wayne State University appropriately handled sexual harassment complaints by an assistant director in the university’s Center for Chicano-Boricua Studies …

Discrimination probe stirs more complaints about Michigan DNR

07/01/2007

Six months after a state investigation revealed an “oppressive culture” of intolerance and bullying toward women and blacks in the Law Enforcement Division of the Michigan Department of Natural Resources (DNR), the agency is still reviewing the report, and other employees have stepped forward to reinforce its findings …

Keeping your customers after your employees go to a competitor

07/01/2007

Noncompete agreements protect employers should an employee leave and go to work for a competitor. But what happens if there isn’t a noncompetition agreement in place? Does an employer have any remedy against a former employee? …

Can we install in-Plant security cameras without telling employees?

07/01/2007

Q. We have a theft problem in our plant. Our plant manager would like to install security cameras at key locations and exits, and would like to do this without telling our employees so that we can catch the guilty party. Is there any reason why we should not proceed with installing the cameras? …

You are required to notify employees who have been exposed to air contaminants

07/01/2007

Q. What are the requirements for eliminating welding fumes? According to recent air contaminant testing, our employees are exposed to fumes that exceed the permissible limit. Michigan OSHA (MIOSHA) has not inspected us. Are we required to notify MIOSHA or the federal OSHA of the test results? Are we required to notify anyone else? …

Essential job functions may include shift work

07/01/2007

Q. We have a three-shift operation, and all employees are required to rotate and work on each shift. We are reviewing an employee’s request to be excused from moving from the day shift to the afternoon shift. The employee’s doctor says that his patient should not work the afternoon and midnight shifts for medical reasons, which we believe are valid. Are we required to honor this request? …

Incentive pay hours don’t count toward the 1,250 hours required for FMLA leave

07/01/2007

Q. We are a hospital and we give employee “bonus” hours if they agree to work weekends and at other times that are difficult to staff. An employee has requested FMLA leave to care for a family member. Our employee has actually worked less than the FMLA-required 1,250 hours in the year, but because of the bonus hours, she has been paid as if she worked more than 1,250 hours. Does she qualify? …

Count only hours actually worked for eligibility

07/01/2007

Do you have special incentive programs to make weekend work attractive to employees? If your program pays workers “credit hours” for time not actually worked, you don’t have to include those hours toward FMLA eligibility …

OK to apply different discipline standards to new employees

07/01/2007

If you classify employees as either permanent or probationary, you can apply different disciplinary standards to the different classifications. That’s true even if the employees perform the same job and violate the same rules …

Don’t post promotion opportunities? It’s time to reconsider

07/01/2007

Think twice if your company relies on informal in-house recommendations to fill open positions. The courts look suspiciously on such “networking” promotions and land hard on employers that don’t post job openings …