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Employment Law

Breast-feeding: The next employment right? Some in Congress want the feds to follow states

10/01/2006

If Rep. Carolyn Maloney (D-N.Y.) has her way, employers would have to comply with yet another federal employment entitlement: the right to breast-feed or express milk for infant feeding. Her bill would make it illegal to discriminate against breast-feeding moms and would give tax incentives for companies to establish sanitary places for employees to breast-feed …

Labor Department deploys extra investigators in Katrina-Recovery area to stop wage violations

10/01/2006

To ensure that employees working on Katrina recovery projects are paid according to the law, the U.S. Labor Department has sued a Houston drywall company for Fair Labor Standards Act (FLSA) violations …

Supreme Court preview: More pay-Bias lawsuits coming?

10/01/2006

When the U.S. Supreme Court opens its new term on Oct. 2, look for a clear theme to the employment-related cases it has chosen to address: the Civil Rights Act of 1964 …

Domestic violence and employees: Your role, Responsibility

10/01/2006

Domestic violence isn’t always domestic. It comes to the workplace as lost productivity, excessive absenteeism, employee depression, increased health costs and, in the worst-case scenario, as violence at the workplace …

Commute isn’t on the clock, Even 100+ miles

10/01/2006

Q. Should we pay for travel time if the employee’s drive from home to the first job site is a very long distance (example: Los Angeles to San Diego)? —L.S., California

Must you rehire a disabled former employee?

10/01/2006

Q. One of our employees went on disability after a motorcycle accident. We terminated him at his request, as he wanted to cash out his 401(k). His doctor recently released him from disability, and he’s seeking re-employment for a different position. Our owner is concerned that if he doesn’t offer the ex-employee a job, we may face legal retribution. And he’s concerned that if we do bring him back, we’ll end up with a workers’ comp claim from a slip/fall injury. Do we have any obligation to rehire this employee? —B.O., Pennsylvania

No comp time for private firms; Flex time is OK

10/01/2006

Q. Can you please clarify if and when we can offer comp time to our employees? I’m confused. —S.L., West Virginia

Favoring older applicants: Is it discrimination?

10/01/2006

The EEOC has provided more legal cover for employers that actively recruit older applicants and offer better perks to their older employees. New proposed EEOC regulations, which reflect a 2004 Supreme Court decision, say you won’t violate federal age-discrimination law if you favor older employees over younger ones …

Employer not liable for manager’s unforeseen safety breach

09/01/2006

If one of your company’s supervisors knowingly ignores a safety rule, can OSHA hold the company liable? OSHA has long argued "yes" and has moved against employers on the premise that if the supervisor knows he’s violating the rules, then the company also knows …

Workers face high hurdle proving ‘Constructive discharge’

09/01/2006

Sometimes, employees who believe they’re being harassed or discriminated against feel the situation is so bad that they’re forced to quit. This is called "constructive discharge" …