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Employment Law

You can’t force employee to use paid time if on disability

04/01/2007

If you require employees to use accumulated sick leave, vacation time or other paid leave when they’re out on FMLA leave, be aware of a little-known trap: If that employee also is receiving payments through a disability plan, you can’t force the person to use up his or her accumulated paid leave …

It’s up to you to prove applicant is ‘Direct threat’ to safety

04/01/2007

You can legally reject job applicants who have physical or mental limitations if they would pose a direct threat to their own safety or the safety of customers or co-workers. The ADA makes that clear. What isn’t clear is what’s considered a “direct threat” …

OSHA issues new mandatory safety poster

04/01/2007

If your organization’s OSHA safety poster is showing its years, now’s a good time to order a new one: OSHA just released a new version of the It’s the Law poster …

New rules haven’t eased exempt/Nonexempt confusion

04/01/2007

Amid much fanfare, the U.S. Labor Department in 2004 rewrote the rules that determine which employees are exempt from the Fair Labor Standards Act (not eligible for overtime) and which are nonexempt (eligible for overtime). The goal was to ease confusion and lawsuits. But, so far, that hasn’t happened …

State may limit your right to ban guns on premises

04/01/2007

 Legislation proposed in at least 10 states would guarantee employees the right to keep registered guns in their cars while at work …

Rise in ‘Unhappy’ workers heightens lawsuit risks

04/01/2007

Fewer than half of Americans say they’re satisfied with their jobs, a dramatic drop from 20 years ago when 61 percent said they were satisfied, according to surveys by The Conference Board …

HR as mobsters: Supreme Court lets workers use organized-Crime law to sue their employers

04/01/2007

The U.S. Supreme Court let stand a lower court ruling that a group of employees at a Georgia carpet company can use state and federal anti-racketeering laws to sue their employer …

Union ‘Check Card’ bill likely won’t become law

04/01/2007

We saw much hand-wringing among business groups on Capitol Hill last month after the U.S. House of Representatives voted 241-185 to grease the skids for union organizers …

Genetic discrimination bill takes another step in Congress

04/01/2007

A committee of the U.S. House of Representatives approved legislation last month that would ban employers from collecting genetic information from employees and applicants and prohibit the use of genetic tests when making employment decisions …

Planning for a pandemic flu: Is your organization prepared?

04/01/2007

After preparing for Y2K, anthrax and hurricanes, HR and legal professionals must now turn their attention to pandemic planning …