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Employment Law

We’d like to help an employee who may be a domestic violence victim

07/18/2008

Q. We suspect that one of our employees is a victim of domestic violence. What are the leave requirements for domestic violence under California law? …

He said/She said: The legal risks of interviewing transgender applicants

07/17/2008
Federal workplace anti-discrimination laws don’t specifically extend protection to transgender people. However, 13 states plus several cities and counties have passed such laws. But even if your state or city doesn’t have such a law, you still could face liability for discriminating against transgender people …

Asking worker to fetch coffee may be old-school, but is it harassment?

07/17/2008

Soon after a Pennsylvania sales company hired Tamara Klopfenstein as a receptionist, she had performance problems right away. But the real trouble began when Klopfenstein received an e-mail from a VP that said one of her “many responsibilities … is making and getting coffee.”

Congress moves closer on ADA reform bill

07/17/2008
The U.S. House of Representatives voted 402-17 last month in favor of the ADA Amendments Act of 2008, which would expand the class of employees who are considered “disabled” under the ADA …

Must you pay hourly staff for BlackBerry time?

07/17/2008
The answer isn’t clear, as ABC News recently learned. The media company said nonexempt writers wouldn’t be paid for those minutes spent checking their office-issued BlackBerry devices after regular work hours. But their union objected …

Update your poster to reflect new minimum wage

07/17/2008
Effective July 24, the federal minimum wage is now $6.55 per hour. That will increase again on July 24, 2009, to $7.25 per hour. If you haven’t already done so, make sure your posters are up-to-date and reflect the new figure …

Using FMLA leave to build a porch: Can that be legal?

07/17/2008

Have you ever approved FMLA leave for an employee’s medical ailment but had a sneaking suspicion the time would be spent on more than bed rest? If you discover “creative” uses of FMLA leave, be careful not to pull out the “You’re Fired!” finger too quickly or you may find yourself in the center of an FMLA retaliation lawsuit …

The HR I.Q. Test: August ’08

07/17/2008
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Same-sex marriage: What the trend means for employers and HR

07/17/2008

No federal law mandates that employees who are in state-sanctioned same-sex unions must receive the same employee benefits that heterosexual married couples receive. But the writing is on the wall. And even employers in states that ban same-sex unions may find themselves targeted by advocates for greater benefits … 

Can the DOL contact our former employees?

07/17/2008
Q. We’re in the middle of a U.S. Department of Labor audit. Investigators are looking at payroll records for the past two years. Now they want the names, addresses, phone numbers and positions of all employees who left within the past two years. Do they have the right to this information? Can they go back two years? — D.G., Rhode Island …