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Employment Law

Shelving of controversial ‘card check’ provision doesn’t mean union-friendly EFCA bill is dead

07/17/2009

Heavy criticism of the so-called “card check” has led supporters to step back from that most controversial piece of the Employee Free Choice Act. But you can still expect passage of some version of the law that could, among other things, speed up union elections, impose stiffer penalties on labor violations and allow workers to campaign at the work site without retaliation.

Bill banning sexual orientation bias introduced; some version likely to pass this year

07/17/2009

The new version of the Employment Non-Discrimination Act (ENDA), H.R. 2981, was introduced in Congress last month and has a good chance of passage this year. It would make it illegal for most public and private employers to discriminate against employees and applicants based on the person’s sexual orientation, gender identity or transgender status.

Soda machine attacker wins workers’ comp

07/17/2009

Employees typically earn workers’ compensation for injuries incurred “in the course of work.” In Illinois, it seems, attacking the company vending machine is all in a day’s work. Vending-machine vigilantes are also covered in Oregon …

Chronic fatigue syndrome or just too pooped to work?

07/17/2009

If you have an employee who seems constantly exhausted, take note: He or she may suffer from chronic fatigue syndrome (CFS). And under the newly revised Americans with Disabilities Act, that person could be deemed “disabled” and entitled to reasonable work accommodations.

Can we open employees’ ‘confidential’ mail?

07/17/2009

Q. Can we legally open all mail delivered to employees at the office? What if it is stamped “confidential,” can we still open it? This is getting to be a problem because our mailroom opens all mail automatically.

Can you ask applicants if they have relatives on staff?

07/17/2009

Q. On our applications, can we include a question that asks if applicants are related to any current employees?

Disability payments and the FMLA

07/17/2009

Q. Can we require an employee who is out on FMLA leave to use accrued paid time off if he or she is receiving disability payments?

Reducing salaries and hours: How to document?

07/17/2009

Q. We’ve reduced the salaries of our exempt employees and told them to work only 36 hours each week. Still, however, many of those employees continue to work 40 or more hours per week. Exempt employees feel uncomfortable documenting 36 hours, when, in actuality, they’ve worked many more hours than that. Should we ask exempt employees to document hours that are not necessarily true?

Does newly married worker need new W-4, I-9?

07/17/2009

Q. When an employee gets married, do we need a new W-4 to show her new name? What about a new I-9?

Instant response to complaint cuts harassment risk

07/17/2009

A female Dallas police officer complained that a co-worker touched her and called her “darling.” A quick internal investigation led to a warning and counseling for the co-worker. It never happened again. Still, the officer sued for sexual harassment …