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Employment Law

Keep detailed records on disciplinary process

10/21/2008

Far too often, careless employers lose lawsuits they should have won, especially when it comes to terminations. Here’s why: Some fired employees will sue for discrimination, and they have to show that you treated them differently because of some protected characteristic such as race, gender or age …

Video surveillance: If you can’t do it right, don’t do it

10/21/2008

Video surveillance can help catch employees who are abusing the system. For example, video of an employee cleaning the gutters while on FMLA leave may show he’s not sick. But before you conduct your own surveillance or hire someone to do so, here’s a simple tip …

Don’t fear investigation will mean defamation lawsuit

10/21/2008

When you conduct an internal investigation, other employees involved in the investigation are going to figure out what the allegations are. But you don’t have to worry about a defamation lawsuit following the investigation if you strive to keep the matter confidential …

Employees dodge bullet, foil retail robbery

10/21/2008

When a masked man pulled a gun on employees as they opened an Aaron Rents store in Atlanta and demanded cash, the workers complied, handing over roughly $5,000. But when the robber, Shawn Henderson, asked for more, the employees decided to fight back …

The new ADA Amendments Act: What every employer should know

10/21/2008

The ADA Amendments Act of 2008 will become effective on Jan. 1, 2009. Now is the time to prepare for the impact. The new law effectively broadens the scope of protection offered by the ADA, which Congress found to have been narrowed in recent years by various U.S. Supreme Court decisions and EEOC regulations.

Can I punish employees who miss work because they are witnesses in a trial?

10/21/2008

Q. Several employees have requested leave to be witnesses in an upcoming criminal trial. This is the busiest time of year for me. Can I discipline these employees in accordance with my absentee policy for missing work to attend this trial? If they know that’s what I plan to do, maybe they can avoid being witnesses.

What are the rules on employing minors?

10/21/2008

Q. My son and his friends, all of whom are 11 years old, have asked if they can work for me for the next several months in order to earn money for a camping trip they plan to take during summer break. Can I help out my son and his friends by employing them for a few hours after school several days a week? I know there are child labor laws, but this is a good cause.

Are there state laws on record-keeping?

10/21/2008

Q. My company owns a large manufacturing facility in Georgia. I’m familiar with federal requirements, but does Georgia provide for record-keeping requirements under state fair employment practice laws? …

Slurs, ‘code’ can create hostile environment

10/20/2008

Just one incident of name-calling or behavior that could be interpreted as racist—if sufficiently severe—might be enough to color other incidents in a racist light. And if a complaint leads to court, that may mean the harassed employee could get a chance to show a jury just how unpleasant co-workers made his life.

Adult-ed teachers are exempt professionals

10/20/2008

California Labor Code covers wage-and-hour issues and includes some exceptions to the basic requirement that employees must be paid for all time worked. One of those exceptions is the professional exception to Wage Order 4-2001, which allows school districts to pay teachers on a salary basis … Until now, it was unclear whether adult-education teachers could be paid the same way.