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Employment Law

Prepare to reinstate worker fired for working with OSHA

08/18/2010

Driver Peter Cefalu was fired from his job at Roadway Express after submitting a statement backing a co-worker’s claims that the company illegally required drivers to falsify their transportation logs. Cefalu complained to OSHA and was ordered reinstated …

Require strict compliance with FMLA certification rules

08/18/2010
Want to stop FMLA abuse? Then get strict about enforcing your certification requirements. There’s no reason employees should be allowed to simply say they need FMLA leave. Instead, make them turn in certifications within tight deadlines.

Don’t automatically approve FMLA leave for elective or cosmetic surgery

08/18/2010

Elective surgery that isn’t medically necessary may not be eligible for FMLA leave because the employee having the procedure may not be suffering from a serious health condition. Challenge such leave requests by asking for the second and third certifications that the FMLA allows.

Stamp out harassment fast–or risk EEOC case that snowballs out of control

08/18/2010

You may think you have a problem when a single employee complains to the EEOC that he’s been the victim of race discrimination, harassment or some other form of bias. That’s nothing compared to what happens when that one complaint mushrooms into a class-action lawsuit. That can easily happen if harassment involves such flashpoints as hangman’s nooses, racially derogatory comments, racial epithets or graffiti.

Uncomplicated flu may not be covered by FMLA

08/18/2010
During last year’s swine flu pandemic, lots of employers came up with contingency plans in case employees got sick. Most swine flu cases, thankfully, ended up being quite mild. And as a practical matter, that probably meant that most employees who had swine flu would not have been eligible for FMLA leave because they weren’t incapacitated or unable to perform the essential functions of their jobs for three days.

Military leave starts Tuesday: Pay for full week?

08/18/2010
Q. One of our exempt employees is in the Reserve. He is going on a two-week training session that starts on a Tuesday. That means he will work on Monday, the start of our week. Do we have to pay him for the whole week when he is only going to be here Monday?

Cutting jobs? Prepare to show a solid business reason

08/17/2010
When a 64-year-old worker sued for age bias, his employer pulled out documentation showing a big budget gap that required the elimination of several positions. The court said that when a legitimate RIF occurs, an employee has to provide “direct, circumstantial or statistical evidence” showing age bias. He couldn’t.

Does your wellness program clash with new genetic bias law?

08/17/2010
Approximately 70% of employers sponsor wellness programs designed to drive down health care costs, reduce absenteeism and promote better employee health. But now, the Genetic Information Nondiscrimination Act has muddied the wellness waters. Learn how to comply while still offering incentives for employees to participate in your wellness program.

DOL issues new pro-employee rules on pay for changing clothes

08/17/2010
The U.S. Department of Labor has overturned years of past guidance with new rules on when employers must pay workers for the time they spend “donning and doffing” certain work clothes. Guess what: It’s not good news for employers. Read the new DOL interpretation letter here.

Race bias: Do the math … or the EEOC will do it for you

08/16/2010

I keep warning readers about the “new” EEOC and how it’s getting much more aggressive. The agency is keeping more cases, rather than issuing “right to sue” letters. It’s securing smaller settlements, but in greater volume. Now, a new court ruling just gave the EEOC even more powerful ammunition to use against your company if it’s accused of discrimination …