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Employment Law

Keep memos, other documents leading up to discipline

11/02/2009

You never know which employee is going to be the one who will sue over discipline. But one thing is certain: When she does, you’ll need every bit of documentary evidence you can find to justify your decision.

Must we honor 8-hour limit for arthritis?

10/31/2009

Q. An employee brought in a doctor’s note that said, “Employee can work only eight hours a day due to arthritis.” I don’t think that’s an ADA disability. Is it a violation of ADA if we don’t honor this restriction?

Ruby Tuesday should say ‘goodbye’ to age bias in hiring

10/30/2009

Perhaps the irony is lost on those who don’t remember the ’60s. Ruby Tuesday Restaurants—named after an early Rolling Stones hit—has been charged with violating the ADEA by refusing to hire applicants over age 40. If allegations by the EEOC are true, Mick Jagger himself couldn’t get hired at the store’s franchises …

Make sure FMLA eligibility form doesn’t create a contract

10/30/2009

A federal court has refused to accept the notion that a standard FMLA eligibility form sent to an employee creates a contract.

FMLA notwithstanding, it’s OK to consider attendance in RIF

10/30/2009

Employers that must decide whom to cut during a reduction in force sometimes mistakenly fear they can’t terminate someone who is out on FMLA leave—even if the employee had an atrocious attendance record before she went on leave. That’s simply not fair to other employees.

Malvern’s Vanguard Group faces race discrimination suit

10/30/2009

As one of the largest investment management companies in the nation, Malvern-based Vanguard Group is used to making money, not paying it out. That could change now that the firm has been sued for racial discrimination after allegedly refusing to hire a black applicant for a high-level finance job.

Shine a light on SAD, ADA accommodations and the FMLA

10/30/2009

As the winter months set in, some people may notice that they feel more tired, experience weight gain or struggle to get out of bed in the morning. While the majority of people who experience these symptoms have nothing more serious than the “winter blues,” others suffer from a potentially debilitating condition known as seasonal affective disorder (SAD). Be careful not to brush off employees who complain of SAD.

How should our attendance policy address absences and lateness covered by the FMLA?

10/30/2009

Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call in after the start of their shifts, they’ll receive two points. What if the reason for an absence is covered by the FMLA? Should the employee still receive the two points?

How should we treat payroll for a newlywed who hasn’t officially changed her name?

10/30/2009

Q. One of our employees recently got married. She’s informally going by her new last name, but she hasn’t changed her name on her Social Security card and doesn’t plan to. We submit all payroll information using her maiden name. Do we face any liability?

Do we need a ‘HIPAA form’ for personal information unrelated to employees’ health?

10/30/2009

Q. I’d like to know if our company needs a HIPAA form for employees to sign when we release personal information to others. Is HIPAA only for the medical field?