Employment Law

FMLA: Paid vs. Unpaid Leave

02/13/2007

HR Law 101: FMLA leave is unpaid time unless the employer voluntarily decides to continue paying the worker during the time off. You may insist that employees first use up all of their paid leave and count that toward their total FMLA time …

You must continue health insurance benefits during FMLA leave

02/13/2007

The same services your group plan provides to on-the-job employees must be available to those on FMLA leave.

FMLA: Reinstating Workers After Leave

02/12/2007

HR Law 101: When an eligible employee returns from FMLA leave, the employer must restore him or her to the same position or an equivalent one with equivalent benefits, pay and other terms and conditions of employment. The new position must involve the same or substantially similar duties, responsibilities and authority …

FMLA: When You Can Refuse to Reinstate a Worker

02/12/2007

HR Law 101: The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances. For example, if you have experienced a reduction in force due to the economy or a companywide reorganization, you may be able to eliminate a returning worker’s job …

FMLA: Recordkeeping Requirements

02/11/2007

HR Law 101: The FMLA’s recordkeeping requirements are less onerous than those of some other federal laws. But you must handle FMLA medical records with the same level of confidentiality as required under the ADA …

Contracts: Your best protection against misclassification suits

02/08/2007

Your contract with an independent contractor establishes payment rates and methods, the nature of the work to be completed, the deadline for completing the job and performance standards. But a well-written contract does much more.

Independent Contractors: Liability Issues

02/08/2007

HR Law 101: When independent contractors are acting as a company’s agents, the company is liable for their actions, according to a U.S. Supreme Court ruling in 2003 …

Job Descriptions

02/04/2007

HR Law 101: Even though job descriptions are absolutely essential, too few employers use them effectively, and some even view them as a nuisance. Every employer should maintain a file of up-to-date job descriptions for all the positions in the organization …

Job Advertisements

02/03/2007

HR Law 101: Make sure your job advertisements are based on accurate, up-to-date job descriptions and comply with anti-discrimination laws. Don’t use phrases like “perfect for college students” or “ideal for working mothers” …

EEO-1 Reports

02/02/2007

HR Law 101: In an effort to monitor employment of minorities and females in the workforce, the EEOC requires certain employers to complete and file an Employer Information Report, commonly called an EEO-1 report, by Sept. 30 each year.