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Jonathan Hyman

Working-conditions study presents compliance tune-up opportunity

10/20/2009

According to a recent working-conditions survey, many employers are not doing the routine maintenance they should to keep their labor and employment compliance in tip-top shape. There’s no guarantee that tuning up your workplace policies like you do your car will avoid lawsuits. But, some routine preventive maintenance will go a long way to ensuring better compliance and fewer problems.

What happens if employees don’t give adequate notice of FMLA leave?

10/05/2009

Q. What rights does an employer have if an employee fails to give timely notice of FMLA leave?

How much notice are employees required to give when they need FMLA leave?

10/02/2009

Q. Can our employee take FMLA leave without first giving us notice that she needs leave?

Is our affirmative action plan a Catch-22?

10/02/2009

Q. Our company maintains an affirmative action plan. I’m concerned, however, that if we refuse to hire a white applicant because of the plan, that person might be able to sue us for discrimination. Yet, if we don’t follow the plan, minority applicants can sue us. It seems like a Catch-22. What do we do?

Can employers force older workers to retire?

10/02/2009

Q. Can we legally set a mandatory retirement age for our workers?

Get it in writing! You need consistent, persistent documentation

09/08/2009

If I had to boil employment law into one overarching maxim, it would be this: Be fair and document everything, in case someone thinks you’re not being fair. If you doubt the importance of thorough documentation, consider two recent cases decided by the 6th Circuit Court of Appeals.

What’s my legal liability when a customer harasses my employee?

09/08/2009

Q. I own a themed restaurant where some employees dress in costumes to entertain the children. Last week, an employee complained that a “regular” grabbed her breasts through her mouse costume. Am I correct that I don’t have any responsibility because the groper wasn’t one of my employees?

Am I permitted to communicate directly with employees’ medical professionals?

09/08/2009

If an employee’s FMLA medical certification is incomplete (required information is omitted) or insufficient (the information provided is vague, ambiguous or nonresponsive), an employer is now entitled to request additional information directly from the employee’s health care provider, subject to certain key limitations.

What can I do about an employee who refuses to work mandatory overtime?

09/08/2009

Q. Despite the recession, my business is going gangbusters. Instead of having to lay off people, I’m in the position of having to schedule lots of overtime. I have one employee, though, who is balking at having to work more than 40 hours a week. He’s really hurting my production. Do I have any recourse against this employee for refusing overtime?

FMLA trap to avoid: Dodging the coverage-by-estoppel bullet

08/07/2009

Employers have to meet thresholds before they’re required to comply with most statutes. For example, the FMLA applies only to organizations that employ 50 or more employees within 75 miles. But smaller employers can effectively render themselves covered by the FMLA if they make certain representations about FMLA coverage to their employees. If they say the FMLA applies, then it does. That’s commonly referred to as coverage-by-estoppel.