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Employment Law

Honorably discharged and returning to work? Don’t make vets jump through extra hoops

08/07/2012
If an employee who is also in the military is called to active duty, is released with an honorable discharge and asks to return to his old job, you cannot place any extraneous conditions on his return.

Use greater experience, extra skills to justify why you pay some employees more than others

08/07/2012
Some employees wrongly assume that discrimination must be to blame if someone doing the same work earns more than they do. But even under the Equal Pay Act, employers are allowed to value employees with more highly specific skills and experience.

Mediator called in to clean up Summit prison shower dispute

08/07/2012

Female prison guards and Summit County officials have agreed to bring in a mediator to help settle a long-running dispute over a county policy that forbids the women from guarding prisoners who are showering. The guards claim the policy means they receive fewer raises and miss out on promotion opportunities.

OK to terminate, even after FMLA leave request

08/07/2012
If you were going to terminate an employee before you learned she wanted FMLA leave, you still can. Just be sure you can document when and why the termination decision was made.

EEOC is on the lookout for ‘beauty bias’

08/07/2012
The EEOC is investigating the Marylou’s Coffee chain, looking into its apparent practice of hiring attractive young women. According to the Fisher Phillips law firm, “the EEOC’s big adventure raises a troubling question: Is the EEOC trying to establish that it’s illegal for an employer to prefer attractive employees over unattractive ones?”

Use new employee FMLA guide as chance to review your policies

08/03/2012
Publication of the new DOL guide to employees’ FMLA rights signals an opportunity for employers to take a fresh look at this sometimes confusing law. It’s a golden opportunity to remind employees how their company leave policies mesh with the FMLA.

Brighton Beach condo collapse draws OSHA fines

08/03/2012
OSHA has cited SP&K Construction, a Brooklyn contractor, for safety violations in connection with a fatal structural collapse in Brighton Beach. The accident, which killed one worker and injured four others, occurred Nov. 8, 2011.

Albany Times Union settles with Newspaper Guild

08/03/2012
The Albany Times Union and the union representing its employees have reached a settlement following a National Labor Relations Board ruling that the newspaper violated federal labor law when it laid off three employees in the fall of 2009.

OK to change minor duties during or after FMLA leave

08/03/2012
Employees who take FMLA leave are entitled to return to the same or an equivalent position after their leave has expired. But that doesn’t mean management can’t alter minor job duties.

Warn managers not to discuss employees’ ethnicity

08/03/2012
People are naturally curious about where others come from. But at work, such inquisitiveness can lead to misunderstandings—and, ultimately, expensive litigation. That’s why you should counsel supervisors against asking subordinates where they are from or what nationality they hold.