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Employment Law

Calculating FMLA eligibility? Add in prior service

02/01/2007

To be eligible for FMLA leave, employees must work for your organization for at least 12 months. But take note: Those months don’t need to be consecutive …

Prompt corrective action limits harassment liability

02/01/2007

When employees complain about a sexually hostile environment, it pays to remedy the situation … fast. That’s true even if you don’t believe the actions would amount to illegal harassment …

Hired a dud? Double-Check that person’s qualifications and sniff out exaggerations

02/01/2007

You’ve no doubt hired a candidate who looks great on paper but quickly shows deficiencies. The experience he or she listed on the résumé isn’t apparent when the person starts work. Before long, you realize your mistake and fire the new employee, who then sues for discrimination …

Listen for hints about illness … they may be FMLA notice

02/01/2007

The FMLA’s notice provision requires employees, to be eligible for FMLA leave, to let their employers know that they suffer from a serious health condition. Merely telling a supervisor “I’m sick” doesn’t cross to the threshold of a legitimate FMLA notice. But it’s important for supervisors to know that employees, on the other hand, don’t need to say something as explicit as “I need FMLA leave because I have X illness” …

Setting layoff criteria? You can ignore past performance

02/01/2007

When planning a layoff or restructuring, you can set criteria for who gets the ax by focusing on employees’ potential future contributions and ignoring their past performance …

390,000 reasons to avoid religious talk at work

02/01/2007

A new Arizona court ruling offers a good reminder that asking employees about their religious practices is irrelevant unless the employee is requesting a religious accommodation, such as time off to worship …

Can a company be liable for race-biased firing if decision-maker didn’t know the person’s race?

02/01/2007

The U.S. Supreme Court has agreed to decide on an important race-discrimination employment issue: whether a fired employee can win a race-discrimination lawsuit when the manager who pulled the trigger on the termination didn’t know the employee’s race …

To avoid OSHA violations, know the top targets

02/01/2007

If your employees work on scaffoldings or other positions in which they could suffer a fall, take note: Scaffolding and fall-protection requirements top OSHA’s new list of the most-violated safety and health standards …

The right way to accommodate employees with diabetes

02/01/2007

The numbers are daunting: Diabetes affects about one in 14 Americans and it’s the fifth leading cause of death in the country. Almost 80 percent more diabetics are in the U.S. work force now than just a decade ago, and experts predict those numbers will rise. For employers, the twin epidemics of diabetes and obesity are eating into profits and creating legal land mines …

Draft severance packages to comply with age-Bias law

02/01/2007

When employers offer severance packages to employees age 40 or older, those packages must comply with the federal Age Discrimination in Employment Act and the Older Workers Benefit Protection Act …