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Employment Law

Investigation points back to employee who complained? It’s OK to punish her, too

11/26/2010

If an internal investigation reveals that the employee whose complaint launched the process was also engaged in improper behavior (or was, in fact, the person to blame for the situation), don’t hesitate to punish appropriately. As long as you act in good faith, a court is unlikely to conclude the punishment was retaliation for complaining in the first place.

Investigations: You can (and should) demand silence from all participants

11/26/2010
Water-cooler talk about alleged discrimination or harassment can poison a workplace. That’s why your company policy should require all participants in investigations (including witnesses) to keep quiet about the issue. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story.

Can we deduct wages to cover unpaid-for employee purchases following termination?

11/24/2010
Q. Our company allows employees to purchase products on an installment basis. When employees leave and haven’t repaid the full amount, can we deduct the remainder due from their last paycheck?

Are meal breaks mandatory?

11/24/2010
Q. Is it mandatory for a nonexempt employee to take at least a 20-minute meal break?

How should we handle a termination when both the FMLA and short-term disability are in play?

11/24/2010
Q. We run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee?

What’s this I hear about a ‘cooling-off’ period in layoffs involving severance pay?

11/24/2010
Q. Is there a law that requires a 45-day waiting period from the time employees are told they’ll be laid off until they receive the severance payment? My supervisor said it’s called a cooling-off period.

Can a small employer deny leave to an employee whose spouse is seriously ill?

11/24/2010
Q. One of our full-time employees took time off when her husband had a heart attack. We’re a small company with 30 employees. Management was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had accumulated several weeks of paid leave. Is it legal to keep her from taking paid time off to care for her husband?

After 40 years, OSHA enforcement about to get much tougher

11/24/2010

Get ready for much tougher enforcement under OSHA’s new Severe Violator Enforcement Program. The SVEP will concentrate OSHA’s resources on inspecting employers that have demonstrated indifference to their safety and health obligations by committing willful, repeated or failure-to-abate violations. Here’s what you need to know to prepare for this new workplace safety regime.

Philly nonprofit wins grant to fight immigration bias

11/24/2010
The Lutheran Children and Family Service of Eastern Pennsylvania is one of 13 recipients of U.S. Department of Justice (DOJ) grant funds meant to aid victims of immigration discrimination. The grant was issued by the DOJ Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices.

Don’t be so quick to say ‘no’–seriously consider every ADA accommodation request

11/24/2010

Managers must resist the temptation to reject out of hand any employee request for reasonable accommodations. To do so would be a big mistake. The ADA requires employers to engage in an interactive process to determine if an employee is entitled to an accommodation and what that accommodation should look like.