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Employee Relations

No witness needed for disciplinary meeting

08/01/2007

Q. I run a large restaurant and employ only nonunion workers. Recently, I called one of the waiters into my office to issue him a warning for arriving late for his shifts. He told me he had a right to have one of the cooks there witness our exchange. Is he right? …

Keeping the work environment safe

08/01/2007

Q. What proactive strategies can employers implement to promote a safe workplace? …

Encourage vacation days to discourage unpaid absences

08/01/2007

High gas prices and worries over job security have convinced more employees to take their vacations in short spurts this summer—a trend that might not be so good for your organization.

Black Enterprise magazine honors diversity efforts of three Georgia firms

08/01/2007

Georgia-based Coca-Cola, UPS, and Aflac insurance made Black Enterprise magazine’s list of the 40 companies that do the best job of fostering corporate diversity …

No employer duty to provide ‘Perfect’ accommodation

08/01/2007

Do you have a difficult disabled employee who seems to need constant care and attention and whose accommodations requests border on the ridiculous? Maybe it’s time to decide those requests are unreasonable. Here’s how to handle the situation …

Prison guard not entitled to indefinite light duty

08/01/2007

Employers are not required to provide a light-duty position indefinitely, the New Jersey Supreme Court recently ruled, overturning an Appellate Division decision. A Gloucester County corrections officer was diagnosed with Graves’ disease, which gave him double vision and prevented him from working in contact with inmates …

Document elements of exempt position to knock down FLSA claims

08/01/2007

Winning Fair Labor Standards Act cases involving employees who claim they shouldn’t have been classified as exempt usually means being able to document exactly what employees do on the job and the conditions under which they work …

What Makes an Environment ‘Hostile’?

08/01/2007

Q. What factors determine whether an environment is “hostile”? …

Not all absences are equal; punishment needn’t be either

08/01/2007

You know you can’t go easy on one person for attendance problems and come down hard on another for the same offense—especially if he or she belongs to a protected class. But, as the following case shows, courts will conclude a discipline process wasn’t discriminatory if you can show that tardiness or absenteeism affected important work goals, such as productivity …

Mere psychiatric diagnosis does not a disability make

08/01/2007

Not everyone who has a diagnosed psychiatric condition is disabled and entitled to protection under the ADA. Before you authorize reasonable accommodations or allow a psychiatric condition to become an excuse for poor performance, decide whether the condition rises to the level of a covered disability …