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Employment Law

Don’t Let Healthy Worker Play the ‘Disabled’ Card; Know Your Rights

04/01/2006

You probably know the type: the employee who stirs the pot of discontent whenever possible. And just when you’re about to levy discipline, the person pulls out the "get out of jail free" card and tells you about some imagined disability that needs accommodation …

Overtime court battles on the rise and expected to continue

04/01/2006

Rather than calming the turbulent legal waters, the revamping of the federal overtime laws in 2004 has churned up even more disputes and lawsuits …

Labor Department to revise foreign worker certification rules

04/01/2006

The U.S. Labor Department is proposing changes to the way non-U.S. citizens are certified for permanent employment in the United States. Specifically, the government would prevent employers from shifting visas from one foreign worker to another …

Monitoring Internet usage? You’re not alone

04/01/2006

Three quarters of employers responding to a new American Management Association survey said they monitor how employees spend their time online at work …

Dispelling 4 common myths about disability leave

04/01/2006

There once was a time when considering an employee’s request for disability leave was fairly straightforward. But no more. With passage of the ADA and FMLA, employers must now navigate a virtual maze of federal laws and regulations. And when an employee’s disability stems from a work-related accident, workers’ compensation issues must be taken into account …

Asian-American workers: Beware bias, immigration scrutiny

04/01/2006

Following 9/11, the EEOC paid particular attention to employment-discrimination backlash against employees who appeared to be Muslims or of Middle Eastern or South Asian ancestry. But now that effort appears to be broadening. Until recently, the EEOC didn’t view job discrimination against Asian-Americans as a widespread problem. But a new survey changed all that …

 

You’re not required to print handbook in Spanish

04/01/2006

Q. If an employee speaks Spanish and doesn’t understand English, am I required to have my handbooks and other policies translated into Spanish? Is the handbook valid if the employee signs but does not understand the content? —A.B., California

Design smoker surcharges to cut costs, preserve morale

04/01/2006

More employers are increasing health premiums for smokers as a way to cut health costs. Such surcharges can trim costs, but implementation mistakes can alienate employees and hurt morale. Use the following tips to design smoker surcharges that reduce the most costs with the least employee backlash …

Mandatory arbitration: 7 ways to make it stick in court

04/01/2006

More employers are requiring employees to solve employment disputes through arbitration. But courts are quick to invalidate mandatory arbitration agreements that don’t meet the letter of the law. Don’t back off mandatory arbitration because of legal uncertainties; just make sure to follow these seven rules …

Must You Pay Employees for ‘Encouraged’ Volunteer Work?

04/01/2006

A new Labor Department opinion letter says that you don’t need to pay nonexempt employees for time spent working on volunteer civic events, such as building Habitat for Humanity houses, even if your organization encourages such activities and links them to the organization’s incentive-pay plan …