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Alabama

Higher standards OK for probationary employees

06/01/2007

If yours is like most organizations, you probably make new employees serve a probationary period. It can provide insight into the new employee’s ability, attitude and how well he or she fits in. During probation, you can hold new employees to a higher standard than established employees …

Log for leave requests can save the day

06/01/2007

Problem employees—the kind that see discrimination, harassment and retaliation every time a supervisor so much as issues an oral warning for anything—won’t hesitate to sue and charge retaliation. They may even seek redress for minor slights by requesting FMLA leave and trying to trip you up if your response is not to their liking …

FLSA and Georgia law: Figuring overtime pay for commission employees

06/01/2007

Georgia’s labor code contains no overtime exemption for commission-paid employees, but the federal Fair Labor Standards Act does. Georgia employers largely follow the federal law because it’s more stringent than state law. So employees who are paid on a commission basis are exempt from overtime laws, right?…

It’s important to track discipline by type and degree

05/01/2007

Expect a call from an employment lawyer when a disgruntled employee is fired. If the axed employee belongs to a protected class (race, sex, disability, etc.), expect more than a call …

No need for extra severance when laying off litigious staff

05/01/2007

Employers that want to trim their work force often sweeten the exit with severance payments. In exchange, employees sign away rights to lawsuits they may otherwise have contemplated. But what about employees who already have pending employment discrimination lawsuits or EEOC or state agency complaints? …

Use job-Related standards to kill discrimination suspicion

05/01/2007

Do you have clear and objective criteria for internal promotions? Prepared to justify those criteria as business-related? If so, you have little to fear from employees who were passed over for a promotion even if that means your management isn’t a perfect reflection of the racial makeup of the local work force …

Strong harassment policy plus training essential

05/01/2007

It’s been a few years since the U.S. Supreme Court laid down the law on sexual harassment…. Time breeds complacency, and too many organizations have let down their guard. The world’s best policy won’t do you any good collecting dust on a shelf …

Cut reinstatement risk by tracking laid-Off jobs

05/01/2007

Discharged employees who sue may ask the court to order their reinstatement if they can prove discrimination …

No accommodation offer necessary at termination meeting

05/01/2007

Courts have consistently ruled that deaf employees are entitled to sign language interpreters during training sessions…. They may also need specialized equipment or software to perform their jobs. But do you need to provide an interpreter or specialized equipment during a disciplinary meeting? …

Train managers on FMLA or risk double damages

04/01/2007

Make it a point to train supervisors on how to manage employees’ leaves that could be covered under the FMLA. Otherwise, don’t expect to plead ignorance if they make a mistake. A court could zap you with double damages under the FMLA’s liquidated-damages rule …