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Employment Law

Late W-2c forms are now twice as costly

07/19/2011
The 2010 Small Business Jobs Act doubles the penalty—now $100, up from $50—for each missing or incorrect 2010 Form W-2 that is filed or corrected after Aug. 1, 2011.

When accused harasser says he was harassed, weigh everyone’s credibility–and motive for lying

07/15/2011

It can and does happen when an employee complains that she has been sexually harassed: In the course of the ensuing internal investigation, the alleged harasser says that, in fact, he was harassed—and the alleged victim was the real harasser. What should you do?

Are we obligated to comply? Employee’s doctor ordered an ergonomic study

07/13/2011
Q. One of our employees tripped and fell at work. Days later, he came in with a doctor’s note ordering light-duty restrictions. The doctor’s note also ordered an “ergonomic workstation study” to be done by the employer. Is this something we are obligated to do?

Out of FMLA leave–and out of luck?

07/13/2011
Q. One of our employees has a recurring illness that flares up every so often. By taking a few weeks off here and there, he has used all of his paid time off (PTO) and exhausted his FMLA leave. If he has another flare-up, do we have to permit him to take time off even though it would be more than the FMLA requires or our policies allow?

New FLSA regs mean it’s time to review wage-and-hour practices

07/13/2011

New regulations implementing the FLSA are now in effect, and they mark a significant change in federal wage-and-hour rules—and how the DOL enforces them. The new regulations were created to make FLSA regulations consistent with changes driven by other applicable federal laws. Be mindful of these new regulations and the additional burdens they impose.

Roofing firm agrees to settle over racist remarks

07/13/2011
Detroit Lakes-based Herzog Roofing has agreed to pay $71,500 to settle a racial harassment charge filed by former employees. The money will be split among seven blacks, Hispanics and Native Americans who alleged they were subjected to racial epithets, racist jokes and other forms of workplace bias.

Firing those with obsolete skills isn’t age bias

07/13/2011
In today’s tough economy, it’s sometimes necessary to terminate em­­ployees. That may be especially true when new technology makes it easier to perform some tasks, reducing the need for employees.

If employee can’t return from FMLA leave, it’s not interference to terminate

07/13/2011

Employees who take FMLA leave to deal with their own serious health condition are entitled to reinstatement to their jobs or substantially identical ones when they return. But what if the employee isn’t ready to come back after 12 weeks? In that case, employers don’t have to reinstate the employee—at least not under the FMLA.

Promote harmony, prevent hostile environment by adding civility policy to your handbook

07/13/2011
Few reasonable employees like working in an unpleasant environment where co-workers call each other names and generally treat each other with disrespect. They may, however, ignore such conduct to avoid rocking the boat. But supervisors who don’t put a stop to it risk a hostile environment lawsuit. That’s why you should consider adopting a civility policy that demands employees treat each other with respect and bans insults and other boorish behavior.

Mediation Board to review Delta union votes

07/13/2011

When nonunion Delta Airlines merged with unionized Northwest in 2010, it set the stage for unionization votes among all Delta workers. So far, the International Association of Machinists (IAM) is 0 for 3, having failed repeatedly to organize Delta baggage handlers, customer service representatives and stock clerks. The IAM appealed to the Na­tional Mediation Board, which has agreed to investigate the elections.