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Employment Law

Union ‘Check Card’ bill likely won’t become law

04/01/2007

We saw much hand-wringing among business groups on Capitol Hill last month after the U.S. House of Representatives voted 241-185 to grease the skids for union organizers …

Genetic discrimination bill takes another step in Congress

04/01/2007

A committee of the U.S. House of Representatives approved legislation last month that would ban employers from collecting genetic information from employees and applicants and prohibit the use of genetic tests when making employment decisions …

Planning for a pandemic flu: Is your organization prepared?

04/01/2007

After preparing for Y2K, anthrax and hurricanes, HR and legal professionals must now turn their attention to pandemic planning …

How long to retain applications and résumés?

04/01/2007

Q. How long do we have to keep applications and résumés? — L.P., Kansas

Must we pay hourly worker for drive to conference?

04/01/2007

Q. Recently a nonexempt employee left from work to attend a two-day conference. She left at 2:30 p.m. and arrived at the location at 5:00 p.m. I interpret that we should pay for eight hours since her travel was from the work location and within normal work hours. The next day, she left the conference at 4:15 p.m. and arrived back in town at 7 p.m., but she didn’t stop at the office. Since travel time is outside of normal (8:00 a.m.–4:30 p.m.) work hours, is she paid for travel time or just for work hours attending conference? —M.B., Georgia

Worker fails to give FMLA proof? Cut ‘Em loose

04/01/2007

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? T.B., Tennessee

More clarity on the partial-Day deduction rule

04/01/2007

Q. I have a question about deducting leave for salaried staff. I don’t understand how we can deduct from employees’ paid-leave bank when they are gone for an hour or two during the day, when we don’t pay them anything extra when they work 50 hours in a week. For example, if an employee works 10-hour days on a regular basis, is it OK to charge her vacation time when she leaves an hour or two early? — J.H., Minnesota

Are certain industries exempt from the FMLA?

04/01/2007

Q. I’ve heard that not all industries are covered by the FMLA. Are trucking companies exempt? If so, we have several employees out on workers’ compensation and FMLA leave. Can we fire them? —T.Z., New York

New York’s disability law is far more lenient than ADA

04/01/2007

New York employers, beware: The state law that protects employees from disability discrimination covers more ailments and impairments than the federal ADA …

In handbook, spell out policies on promotions and pay

04/01/2007

When it comes to promotions and wage increases, it pays to spell out for employees exactly how the process works. That way, you’re less likely to lose a failure-to-promote case or a pay-discrimination suit. …