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Employment Law

Learn hotel’s lesson: Don’t require English at all times

05/01/2006

If you have a good business reason, you can require employees to speak English on the job. But don’t go overboard. As a New York City hotel just found out, requiring English be spoken at all times, even in the employee breakroom, can spark an EEOC national-origin claim …

Beware the legal risk of nasty notes in customer files

05/01/2006

Do your employees make editorial comments about customer quirks in your internal files? Typically, it’s not a problem. But a recent lawsuit shows the legal dangers of making potentially slanderous comments about customers in internal documents …

Religious accommodations: Know when to say ‘Yes’ or ‘No’

05/01/2006

Employers need to keep their eye on a growing trend: a groundswell of support for more freedom to practice religion in the workplace. And support for the movement is coming from some unexpected quarters: the U.S. Supreme Court and a bipartisan coalition of U.S. senators …

EEO-1 compliance: Prepare to comply with the new EEO-1

05/01/2006

In an effort to monitor employment of minorities and females in the work force, the U.S. Equal Employment Opportunity Commission (EEOC) requires certain employers to complete and file an Employer Information Report, commonly called an EEO-1 report, by Sept. 30 each year …

How Long to Tolerate a ‘Disappearing’ Employee?

05/01/2006

Q. We’re a small business with eight employees. One employee frequently takes off for six to eight weeks with medical problems. She’s done this each year for the past three years. It’s a huge burden because very few people have her training, so we can’t hire a temp. How long do we have to allow her to disappear for months at a time? —M.S., Ohio

Biggest Investigation Error: Skipping the Follow-Up Phase

05/01/2006

Too many HR people close the book on harassment investigations too early. By failing to check if harassment has flared up again, you open the organization to further liability …

FMLA users can shop around for favorable medical opinion

05/01/2006

When an employee shows you a medical certification that says she has a serious condition qualifying her for FMLA leave, you don’t have to blindly accept the doctor’s word. You can ask for a second opinion. But here’s what many employers don’t realize: Employees can do the same thing …

Heed the Legal Risks of Employee Weight-Loss Programs

05/01/2006

Forcing your well-meaning health-improvement plan could backfire. Discrimination and privacy issues could derail your goal. Immunize your program against potential legal ills using these five tips …

Part of Sarbanes-Oxley law applies to all employers

05/01/2006

Q. I work for a nonprofit social service organization. Do such organizations have to comply with SOX rules? —J.M., New Jersey

Can you search employee lockers, purses, desks?

05/01/2006

Q. Can we open an employee’s personal things, like her locker, purse or desk drawer, if we suspect her of stealing? —A.G., Connecticut