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Employment Law

FMLA may require reinstatement, even with work restrictions

03/01/2007

The FMLA lets qualified employees take up to 12 weeks of unpaid medical leave each year if suffering from a serious illness. The law also entitles them to reinstatement to the same or an equivalent job when they return. But what if the employee has a lingering work restriction, such as a temporary lifting limit?…

You can suggest FMLA leave without triggering ADA liability

03/01/2007

What do you do if you think an employee, especially one whose performance is declining, could benefit from taking FMLA leave? Do you plant the suggestion or wait until the employee approaches you? The fact is, you can suggest FMLA leave for a serious health condition and not run afoul of the ADA …


Release EAP information on a ‘Need to know’ basis

03/01/2007

Employee assistance programs (EAPs) can help employees regain an edge lost to problems like alcohol abuse. But it’s a good idea to keep mum about an employee’s participation in the EAP …

A case study in how NOT to handle ‘Frivolous’ complaints

03/01/2007

You and the supervisors at your organization may already know how to handle a sexual harassment complaint that appears genuine. But what should you do when you seriously doubt that a claim is legit? …

You can file H-1B visa petitions starting April 1

03/01/2007

If you typically hire foreign employees through the federal government’s H-1B visa program, be aware of an upcoming date: April 1 …

Can you block workers e-Chats about pay, union?

03/01/2007

Even if you have a fairly restrictive e-mail and Internet policy, you probably allow employees a certain amount of latitude in sending personal e-mail. If so, be aware that you should also allow employees to use that system to discuss your organization’s pay, benefits and working conditions, plus any union-organizing efforts …

Pooling tips? Only certain employees can join in

03/01/2007

If your employees receive tips, be aware that only certain types of employees can participate in tip-pooling programs …

Employees on the winning side of a record percentage of EEOC complaints

03/01/2007

Frivolous lawsuits will forever be a thorn in the side of HR. But, according to a new report, employees are becoming more successful in job discrimination complaints filed with the EEOC …

Prevent new type of lawsuit: Credit-Check discrimination

03/01/2007

If your organization uses credit checks in the hiring process, you’d better have a sound business reason for doing so or you could face a new type of litigation …

When are overweight employees considered ‘Disabled’?

03/01/2007

Is obesity a disability? Until recently, the answer has been “Fat chance!” But that may be changing. A recent ADA court ruling opens the door to some types of obesity being defined as disabilities …