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Employment Law

Terminating smokers: When there’s smoke, can you fire?

04/01/2005
Ever since media reports focused earlier this year on a Michigan company’s strict policy banning smokers on staff, many employers have asked the question: “Can we, should we, do the same?” …

Office business manager: Exempt or nonexempt?

04/01/2005

Q. We’re a nine-physician medical clinic, and we employ a salaried business manager. She makes less than $100,000 but more than $23,660 per year. Her duties include personnel, hiring and firing, and office work. We don’t give her comp time or overtime pay. If she takes a partial day off, she must use vacation time (paid time off). In light of the new (FLSA, overtime) rules, are we handling this correctly? —B.B., Missouri

Continuing insurance isn’t required by workers’ comp

04/01/2005

Q. We have several employees out on workers’ comp claims. Our policy is to pay for the employee but not dependents. How can we terminate the group insurance for employees who are out on workers’ comp for more than three months? —M.O., Washington

Don’t automatically fire after FMLA, STD leave expire

04/01/2005

Q. Our policy is to run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee, at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end short-term disability payments, since the employee has been terminated? —E.A., Georgia

Paying men more than women with the same job titles?

04/01/2005
Issue: As a new ruling shows, a female’s job must be “virtually identical” to a male’s to support an equal-pay lawsuit.
Benefit: You don’t have to fear paying different wages …

The 3 things NOT to say in your sexual-harassment policy

04/01/2005
Issue: The words you leave out of your sexual-harassment policy are as important as those you put in.
Risk: Imprecise, or too precise, wording can paint you into a corner …

Assist ailing employees without fear of triggering ADA

04/01/2005
Issue: Who is considered “disabled” under ADA’s definition?
Risk: Employees earn ADA protection if you regard them as disabled, even if their condition doesn’t rise to the law’s definition of …

Employees can’t cry ‘retaliation’ if they’re not eligible for leave

04/01/2005
Issue: Employees can sue for FMLA retaliation only if they’ve put in the minimum hours to become eligible for FMLA leave.
Benefit: Less risk of first-year employees winning FMLA-retaliation suits. …

Where your religious-accommodation responsibilities stop

04/01/2005
Issue: How far must you go to oblige an employee’s religious practices under federal job-discrimination law?
Benefit: A new ruling says that you don’t need to accommodate religious requests when …

Warn managers not to hire on ‘gut instinct’ alone

04/01/2005
Issue: Establishing quantifiable criteria for making hiring decisions.
Risk: Applicants have an easier time winning hiring-bias lawsuits if they can point to weaknesses in your stated reasons for hiring.