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Employment Law

The new OT rules: You’ve got questions; we’ve got answers

11/01/2004
If you’re like most HR professionals, you’ve been scrambling in recent months to pull your organization in line with the Labor Department’s new rules defining …

Skeptical of ‘Spouse’ on benefit plan? Ask for proof

11/01/2004

Q. A few of our employees have added their spouses to our health benefits plan. We’ve heard through the grapevine that some of these “couples” aren’t actually married. Can we check on this without being discriminatory? —L.C., Illinois

Don’t probe applicants about their HIV status

11/01/2004

Q. Is it legal to ask applicants medical questions, specifically, if they have HIV? Does the law allow any legal exceptions to ask this question of people applying for food-handling positions?” —S.S., California

Firing family members? If they’re at will, it’s your call

11/01/2004

Q. We may soon terminate an employee whose daughter also works here. We’re uncomfortable with her daughter remaining as an employee. Can we legally terminate the daughter, as well? —R.M., Missouri

‘Creative workplace’ defense won’t beat harassment suit

11/01/2004
Issue: A court ruling said sitcom writers have a “creative necessity” to engage in overtly sexual banter.
Risk: While the TV network was allowed to use this defense in a …

Accommodate religious requests; don’t argue ‘sincerity’ of beliefs

10/01/2004
Federal anti-discrimination law says you must offer reasonable accommodations to employees’ “sincerely held religious beliefs or practices,” as long as the accommodation wouldn’t place an undue hardship on your organization. But …

Keep an open mind in investigations; juries will punish ‘kangaroo courts’

10/01/2004
Keep an open mind in investigations;
juries will punish ‘kangaroo courts’
When investigating a sexual harassment complaint, don’t rush to judgment, and don’t allow supervisors to sidestep any steps …

You can place some conditions on employees’ FMLA leave

10/01/2004
While you can’t base firing decisions on an employee’s decision to take Family and Medical Leave Act (FMLA) leave, that doesn’t mean you’re powerless to act against employees who flaunt your …

Notify ‘key employee’ right away if denying reinstatement to job

10/01/2004
Employees who take leave under the Family and Medical Leave Act (FMLA) are usually guaranteed reinstatement to their jobs. But one key exception exists: You can designate a class of highly …

Employees can’t claim retaliation if they’re not FMLA-eligible

10/01/2004
The Family and Medical Leave Act (FMLA) protects employees against retaliation for taking FMLA leave. But a recent court decision makes clear that employees retain these rights only if they’re actually …