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Employment Law

Counting paid time off as FMLA leave? Tell employee you’re running them concurrently

10/11/2011
The FMLA says that employers can run out the FMLA clock by counting paid time off against the 12-week entitlement. Smart employers make sure that employees understand that’s how it works. That way, employees won’t run out of leave and lose their jobs because they didn’t realize the clock was ticking.

FLSA administrative exemption doesn’t require employee to meet all examples in regulation

10/11/2011
Here’s some good news for employers that classify workers as exempt under the FLSA’s administration exemption: Contrary to what some attorneys have been attempting to argue, employees don’t have to perform all the functions listed in the DOL regulations, just one.

Crack down on moonlighting during FMLA leave

10/11/2011

Do you have employees who take intermittent FMLA leave to deal with their own health conditions? If so, you might worry that they sometimes abuse that leave by calling in when their condition supposedly flares up, only to go to work at a second job. Here’s how to handle that situation:

HR detective: How to solve the classic ‘he said/she said’ mystery

10/11/2011
It’s a mistake that’s all too common: An employer investigating harassment claims or other workplace infraction fails to act when the inquiry bumps up against a “he said/she said” wall. There are four factors critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Mondays off for religious reasons: Is this legit?

10/11/2011
Q. We have an employee who claims to belong to a religious sect I have never heard of. Their alleged holidays always occur on Mondays. Do I have to give her these holidays off?

Handle criminal inquiry with care, sensitivity

10/10/2011

No one likes being accused of a criminal offense if they are innocent. Be careful about making such accusations publicly—you could end up being sued for defamation or intentional infliction of emotional distress. But that doesn’t mean you can’t investigate apparently missing funds and similar, possibly criminal cases.

Holiday sampler: 4 treats to make HR’s season bright

10/08/2011
The holidays are special, but they’re also an HR headache. Our early gift to you: Advice on everything from planning seasonal celebrations to handling end-of-year scheduling hassles.

Take it on faith: You can accommodate religious diversity

10/07/2011
Title VII of the Civil Rights Act of 1964 prohibits em­­ployers from discriminating against employees based on their religious beliefs. As America becomes more diverse, employers are facing more issues that concern employee faith, including requests for time off and dress and grooming standards.

New for New York employers: union posters, NYC religious accommodation

10/07/2011
The National Labor Relations Board has ruled that private-sector employers must post a notice advising employees of their right to join a union. And a new amendment to the New York City Human Rights Law imposes a higher burden on employers that assert that accommodating an employee’s or pros­­pective employee’s religious observance or practice would constitute an “undue hardship.”

Lake Champlain pizza parlor faces sex harassment charges

10/07/2011
The EEOC is suing Angelo’s Pizza and Grill in Rouse’s Point on the shores of Lake Champlain, alleging that three managers subjected female employees to unwanted sexual advances and lewd comments.