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Employment Law

‘Possibility’ of serious illness triggers FMLA protection

01/22/2008

Once an employer knows an employee will need FMLA leave, it cannot use that knowledge to the employee’s disadvantage. That’s true even if it’s only possible that the employee may need leave. It raises serious suspicions about your motives if you fire an employee shortly after he delivers notice he may need FMLA leave—and practically guarantees a lawsuit …

Record $2.5M Race-Discrimination Settlement Highlights New EEOC Crackdown

01/15/2008

On-the-job racism in America is a growing problem more than 40 years after the Civil Rights Act made employment discrimination illegal. That’s why the EEOC has launched a new education and enforcement initiative called E-RACE (Eradicating Racism and Colorism from Employment.).

Washington Update: News from the NLRB, EEOC and USCIS

01/15/2008

The New Year often brings a flurry of activity from the many federal government agencies that address employment issues, and 2008 is no exception. We’ve got good news on employers’ control over workplace e-mail, bad news for employers who discriminate and mixed news for those who want to hire foreign workers.

Even ‘Secondhand’ porn can create an illegally hostile environment

01/08/2008

Any presence of pornography in the workplace can spark expensive, reputation-draining lawsuits. You need a policy of zero tolerance: No adult material anywhere, anytime — not on office computers, in e-mails, on videotapes or DVDs.

EEOC rule allows coordination of retiree health benefits with Medicare

01/03/2008

The EEOC has issued a final rule allowing the long-standing employer practice of coordinating retiree health benefits with Medicare without violating the age discrimination law. The new reg ends a seven-year battle to ensure  "bridge" coverage for younger retirees.

Veto blocks expansion of FMLA to military families—But not for long

01/03/2008

After passing the first-ever amendments to the FMLA, Congress left Washington in late December confident that President Bush would sign off on the provision. But he didn’t. Now Congress vows to address the issue again later this month.

Sample Policy: Computer Usage

01/01/2008
The following sample policy was excerpted from The Book of Company Policies, published by HR Specialist, © 2010. Edit for your organization’s purposes. _____________________________ “Employees have access to one or more forms of electronic media and services (computers, e-mail, telephones, voice-mail, fax machines, external electronic bulletin boards, wire services, on-line services, the Internet and the […]

Sample Policy: Internet Usage

01/01/2008
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Hiring friends, family not illegal—Unless race factors in

01/01/2008

Technically, favoring friends and family members for jobs and giving them plum assignments isn’t illegal. But if nepotism results in an all or mostly white work force, applicants or employees from other protected categories (e.g., race, gender, national origin) can still sue, claiming illegal discrimination …

Settle quickly if you’re worried overtime case will expand

01/01/2008

Overtime collective actions represent a growing nationwide trend. These are cases in which one employee claims his employer misclassified him as exempt and owes overtime. The employee also claims to represent everyone else similarly situated. If such a case goes forward, it may mean the employer must pay out thousands of dollars in unpaid overtime. Employers have only one chance to make the case go away …