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Employment Law

Attendance abuse and the FMLA

11/01/2007

Q. Our company has certain employees who we believe abuse our absentee policy. We use a “no fault” system, but we do excuse FMLA absences. Typically, when employees get close to discipline or termination, they begin the paperwork for an FMLA absence. Do you have any suggestions on how we could better police the FMLA process to limit abuse? …

Respond right away to avoid costly judgments

11/01/2007

Train everyone in your organization who might receive legal documents—from the mailroom clerk to the front-desk receptionist—to pass them on to management ASAP. Misplaced pleadings can mean an easy win for the person suing. What’s worse, if you miss important deadlines, you’ll lose any chance you might have had to get the case tossed out …

On the hook for FMLA transgression? Offer immediate reinstatement to cut liability

11/01/2007

The FMLA is a complicated law, ready to trip up even the savviest HR specialist. Often, a case turns on the employer’s subjective motivation rather than its objective action. What do you do once you realize your organization may be on the hook for an FMLA violation? The answer: Immediately, unconditionally offer to reinstate the employee. You will cut back-pay and failure-to-reinstate liability …

UPS teams up with Teamsters to shore up pension fund

11/01/2007

Hard times make for strange bedfellows. United Parcel Service, based in Sandy Springs, and the International Brotherhood of Teamsters teamed up to cut ties with the beleaguered Central States Fund pension plan before the federal government intervenes in January and likely makes things worse for them …

Savannah’s Berkow dropped from LAPD sex-Discrimination suit

11/01/2007

Savannah-Chatham Metropolitan Police Chief Michael Berkow was dropped from the sex-discrimination lawsuit that has dogged him since he took office in Georgia last year …

U.S. Supreme Court tosses out Best Buy discrimination suit

11/01/2007

The U.S. Supreme Court refused to hear a sex-discrimination case brought by a general manager of a Best Buy store in Savannah. The lawsuit accused Best Buy of firing the manager because she complained to a company hotline that her supervisor sexually discriminated against her …

18 Tyson Foods unpaid-Wage suits consolidated in GA court

11/01/2007

Springfield-based Tyson Foods received approval from a U.S. judiciary panel to consolidate 18 employee lawsuits alleging labor-law violations concerning minimum wages, overtime and record-keeping. The lawsuits, which were filed in the district courts in 10 states, will be heard together in the Middle District of Georgia …

It depends on how you define ‘Overheard’

11/01/2007
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Best practices: conducting background checks on new hires

11/01/2007

No matter the size of your operation, hiring and retaining qualified and honest employees is critical. A recent study found that 36.5% of employment verifications revealed inconsistencies and 14% provided false or inconsistent information about education. That means every employer has a good reason to undertake background checks of all potential employees before making hiring decisions, particularly for positions involving confidential or sensitive information …

Stay on top of FMLA recertifications—Track when employees receive your requests

11/01/2007

When employees take intermittent FMLA leave, it’s your responsibility as the employer to insist employees regularly update their medical information through their physicians. That means you must be prepared to prove employees not only knew they needed to get their conditions recertified, but also received the forms …