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Employment Law

Where there are shredders, there are probably copiers, too

06/01/2007

Bay County Property Appraiser Rick Barnett resigned after settling sexual harassment complaints with two female employees …

IRS calculators get workout: What’s the back interest on $18 million?

06/01/2007

Three executives of Rosenbaum-Cunningham International—a West Palm Beach maintenance company serving such restaurant chains as the House of Blues, Hard Rock Café and Planet Hollywood—have been indicted for defrauding the federal government out of $18 million in employment taxes …

FCRA Is the Ticket to a Jury Trial for HIV-Positive Employees

06/01/2007

Florida’s courts have expanded protection for HIV-positive employees under the Florida Civil Rights Act. At first glance, the law appears to be a state version of Title VII of the federal Civil Rights Act and the ADA all rolled into one. But state court interpretation of the act may grant Florida employees protections they don’t have under federal law …

Require certification if intermittent leave ‘Need’ might be bogus

06/01/2007

It’s one of the most challenging FMLA problems: An employee with a chronic health condition says she needs intermittent leave and uses it as an excuse to take time off whenever she wants. You suspect she’s taking advantage of your organization, but worry that turning her down may trigger an FMLA lawsuit …

Watch wiretap law when listening in on disciplinary meetings

06/01/2007

Have you ever wished you could have a verbatim record of an HR conversation, just as a hedge against a “he said, she said” dispute in court? Don’t hide a tape recorder under your desk until you’ve considered this …

Log for leave requests can save the day

06/01/2007

Problem employees—the kind that see discrimination, harassment and retaliation every time a supervisor so much as issues an oral warning for anything—won’t hesitate to sue and charge retaliation. They may even seek redress for minor slights by requesting FMLA leave and trying to trip you up if your response is not to their liking …

Minor lifting restriction? You probably don’t have to accommodate under the ADA

06/01/2007

The ADA is designed to help disabled Americans work to their full potential. But the law wasn’t meant to apply to everyone with minor aches, pains and ailments. That’s why most employees with light lifting restrictions aren’t covered by the law …

Avoid liability for contractor’s actions by staying out of its business

06/01/2007

Consider this scenario: Your organization needs to have repairs done to your premises and you hire an independent contractor to do the job. When one of the workers is hurt after the contractor ignores obvious safety hazards, is your organization on the hook if the injured employee looks around for deep pockets to sue?…

After winning the lawsuit, city lost its insurance

06/01/2007

The city of Fort Oglethorpe had to scramble to find insurance after the Georgia Interlocal Risk Management Agency canceled its property and liability coverage due to excessive claims …

Employee caught in detergent sting loses disability case

06/01/2007

An inventory manager lost a discrimination lawsuit against the Atlanta Community Food Bank because he failed to meet the ADA’s disability standard …