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Employment Law

FMLA: Worker may be protected even before she’s eligible

03/13/2012
We all know new employees aren’t covered by the FMLA until they’ve worked the required 1,250 hours in the past 12 months. But one court recently ruled that pre-eligible employees may be protected in certain cases. Exactly what are they?

Let ’em know: Post all promotion opportunities

03/12/2012

Here’s an easy fix for a poten­tially big problem: Post all promotion openings. If you do, only employees who actually apply can take you to court. That can save thousands in legal fees and lost pro­ductivity.

Pharma biz: Does anyone make a pill for HR headaches?

03/09/2012
The pharmaceutical industry must have a bull’s-eye on its back, because employees’ attorneys continue to take aim at it, filing class-action lawsuits that allege unfair or illegal pay practices.

Report shows Uncle Sam is biggest USERRA violator

03/09/2012
It’s do as we say, not as we do when it comes to complying with the Uniformed Services Employment and Reemployment Rights Act (USERRA). A Washington Post investigation found that federal government agencies account for 18% of all USERRA complaints filed by returning service members.

Approved FMLA leave doesn’t mean worker is disabled

03/09/2012
Just because someone has a serious health condition that qualifies for FMLA leave, it doesn’t always mean the condition is a disability. And merely approving someone’s FMLA request isn’t the same as admitting the employee is disabled.

Trying case in court of public opinion can backfire

03/09/2012
Employers that leak information re­­lated to employee lawsuits can wind up doing more harm than good if the publicity prompts a jury to jack up awarded damages.

Tell supervisors: Brief contact is OK, but never badger employee out on FMLA leave

03/09/2012
Sometimes, you have no choice but to contact an employee during FMLA leave—for example, if someone can’t find a file or needs a password to access records. But don’t let supervisors make unreasonable demands or insist that the employee actually work.

When RIF costs protected employee’s job, take care how you reassign the work

03/09/2012
Here’s something to consider when planning a reduction in force: If you know the move will mean someone in a protected class will lose his job, think strategically in case he sues.

FMLA rules as thick as a phone book? Be prepared for FMLA interference lawsuit

03/09/2012
Don’t do anything that makes it harder for employees to use FMLA leave. “Creative” rules that end up discouraging legitimate FMLA use or punishing those who take FMLA leave are bound to cause trouble, as one large company facing multiple lawsuits has discovered.

More union members in 2011, thanks to private-sector gains

03/09/2012
Changing economic conditions and favorable rule-making in Washington helped U.S. union membership in­­crease to 14.8 million workers last year, according to the Bureau of Labor Statistics. In New York, 24.1% of workers belong to a union.