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Ralph Peterson

Can we require scheduling FMLA-covered medical appointments to suit our needs?

01/13/2009

Q. One of our employees is taking intermittent FMLA leave for planned medical treatment. However, the employee’s appointments occur during work hours, and that has started to have a serious adverse impact on our customer service function. Can we require the employee to schedule medical visits better to address these problems?

4 ways to bring domestic violence out of the workplace shadows

01/13/2009

There’s a widespread understanding of the grave impact domestic violence has on personal lives and the havoc it wreaks on families and communities. Now more attention is being paid to its effect at work. Sometimes, incidents of domestic violence actually happen in the workplace. But the impact goes far beyond immediate safety concerns.

Unfair labor charges

12/15/2008

Q. Our employee relations manager received a charge of an unfair labor practice (ULP) filed by the union with the National Labor Relations Board. In the ULP charge, the union alleges that when the secretary for our attorneys contacted a former employee—who had been discharged for misconduct—to schedule his deposition in his unemployment compensation proceeding, our company engaged in coercive interrogation in violation of the National Labor Relations Act and the Johnnie’s Poultry standard. There were no unfair labor practice proceedings pending before we received this ULP charge. What is Johnnie’s Poultry, and how is scheduling a deposition in a proceeding about a former employee’s unemployment compensation claim an unlawful labor practice?

Understand, prepare to follow the new revised FMLA regulations

12/09/2008

The long-awaited revised and updated final rules of the U.S. Department of Labor interpreting the FMLA will go into effect on Jan.16. HR specialists should read the new regulations and then review them with an employment attorney. Also, they should promptly develop special training on new rules and procedures for supervisors and employees alike.

The 7 most important steps for minimizing layoff risks

11/18/2008

Many employers looking for ways to deal with the financial hardships of today’s tough economy are considering reductions in force (RIFs), layoffs and other forms of organizational restructuring. But how you conduct a RIF may spell the difference between a fresh start for the company and a nightmare of litigation …

Will we violate the ADA if we enforce our legitimate lifting restriction?

11/10/2008

Q. Our restaurant has a written requirement that waiters be able to lift, transport and carry objects weighing from 25 to 30 pounds up to 20 or more times per shift. An applicant for a server job has informed us on his application that he has a condition that prevents him from lifting more than 10 pounds and that there are no accommodations that could be made so he can perform all of the job duties. Are we going to be in violation of the ADA if we deny a job to this applicant?

Who pays for unauthorized treatments?

11/10/2008

Q. We have an employee who has had several work-related injuries. Our workers’ compensation insurance carrier, after reviewing the circumstances of the employee’s injuries, has denied her any treatment for a back injury. Even so, she has gone to a chiropractor for treatment 60 times. Her attorney has now filed a petition for benefits with the Judge of Compensation Claims. It seeks authorization for the visits and asks our company and the carrier to pay for all 60 chiropractor visits. If the judge determines that these visits are authorized, are we going to have to pay for all of them?

When USERRA conflicts with changing organizational needs

10/30/2008

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) grants service members re-employment rights when they notify their employers of their intent to return to work after being released from active duty. But what happens when an employer finds that its business needs have changed while the employee was on active duty? …

How to handle overtime for nonexempt employees on salary

10/30/2008

Q. We pay our nonexempt employees weekly on a salary basis, no matter how many hours they work during the week. These employees have not worked overtime hours in the past. However, the company’s operations have changed, and we expect to require some overtime work in the near future. Will we have to pay the employees time-and-a-half for those overtime hours? …

Do we have any recourse when employee badmouths us on Facebook?

10/30/2008

Q. We discovered that an employee has posted false, profane statements about our company and managers on his Facebook page. What can we do? …