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Employment Law

Make arbitration agreements stick–even if there’s no employee signature

09/06/2013
If you use arbitration as a way to resolve employment disputes, you no doubt realize that you need the employee’s signature on that agreement in order to make it a binding contract. But what happens if that signature isn’t there or perhaps was faked?

Know the right way to request FMLA certification, fitness-for-duty notices

09/06/2013
When employees have a serious health condition that qualifies them for FMLA leave, employers have the right to some basic information. But you have to ask for it in the right way and at the right time.

Beware crackdown on complaining employee

09/06/2013
Tell super­­visors and managers to look out for co-worker antagonism. Avoid the appearance of retaliation by making sure bosses enforce all rules equally and fairly.

Assigning unpleasant work isn’t discrimination

09/06/2013
Supervisors don’t always manage to divide the workload evenly among employees. As long as the labor division isn’t obviously intended to demean a particular individual based on his or her protected status, workload assignments are within the purview of management and not something that will support a discrimination lawsuit.

When rude bosses spout off, expect little sympathy from juries

09/06/2013
A supervisor’s foul temper can do more than alienate employees and spike turnover. It can wind up costing your company big bucks in the courtroom. That’s why HR should keep its antenna up for bully bosses and respond quickly to hints of abuse or harassment. Simply hoping the bully improves won’t work.

Managing disabilities: Accommodate–don’t dictate

09/05/2013
Too often, accommodating disabilities becomes a power struggle between the employee and the company. But, next time the decision is in your court, just remember this: Employees always have the greatest power of all because they can drag your company’s wallet and reputation into court.

FMLA expired and we haven’t heard from worker: Can we legally terminate?

09/03/2013
Q. One of our employees was injured on the job and has been on leave for almost six months now. Her eligibility for FMLA leave expired a couple of months ago and we haven’t received a response to the notice we sent her stating that her time off under worker’s compensation counts against any leave she may be entitled to. Can she legally be terminated and replaced?

Isn’t it illegal to withhold pay as punishment?

09/03/2013
Q. When an employee fails to clock in or out properly, our payroll department withholds that day’s pay until the next pay period as a form of employee discipline. My understanding is that an employer can’t hold back portions of pay as punishment. Am I right?

When does a voluntary wellness program become involuntary?

09/03/2013
At what point is the financial incentive to participate in a wellness program or the penalty for nonparticipation so great as to render it involuntary? Per­­haps more to the point, how does the EEOC define that tipping point?

Wilkes-Barre McDonald’s faces debit card suit

09/03/2013
A former McDonald’s employee is suing a franchise owner, arguing that paying her via a payroll card—with all its attendant fees—meant she earned less than the minimum wage.