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Employment Law

Houston janitors OK contract that expands wages, insurance

01/01/2007

Members of the Service Employees International Union (SEIU) Local 5 recently voted in favor of a three-year collective-bargaining agreement that provides janitors in the Houston area with health benefits and a pay increase …

Can we deduct uniform costs from paychecks?

01/01/2007

Q. We require new employees to buy their top uniform from a uniform company. The uniforms vary depending on the position and have the company’s logo on them. The uniform typically costs between $20 and $45 and is a smock, polo shirt or vest. The employees can deduct that amount from their paychecks or pay for it by personal check or credit card. As the HR manager, I take care of this process for them. Is this procedure legal under Texas law? —D.S.

Second Opinion on Fitness-for-Duty Certificate

01/01/2007

Q. We have an employee returning from FMLA leave. His physician issued a fitness-for-duty certificate, but we question the worker’s ability to perform his old job because the length of his absence was too short for him to recover completely. Further, the fitness-for-duty certificate simply states that he is “able” to work, without addressing his specific job duties. Can we send him to another physician for a second fitness-for-duty examination? —A.L.

Pregnancy shouldn’t affect employees’ discipline

01/01/2007

Q. If an employee is already on probation when she becomes pregnant, how does an employer continue with progressive discipline measures, including possible discharge? —P.A.

Must we give a fired employee his personnel file?

01/01/2007

Q. I recently discharged an employee for performance problems. At the end of the termination meeting, he asked for a copy of his personnel file. Do I have to give discharged employees a copy of their personnel files? —B.N.

Minor annoyances at work don’t add up to retaliation

01/01/2007

Last summer, the U.S. Supreme Court drafted a broad new legal standard for judging whether a company retaliated against an employee for complaining about discrimination. Now, the lower courts are starting to define what that standard means …

Give FMLA notice when employees go on workers’ comp

01/01/2007

When employees go on workers’ compensation leave, you should tell them about their FMLA rights. That starts the 12-week clock ticking. If you don’t notify them, a lawsuit may follow even if the employee settles the workers’ comp claim …

New Ruling May Help Limit Class-Action Cases in PA

01/01/2007

Attorneys looking to create extra trouble for employers have lost an important class-action ruling in Pennsylvania. Lawyers no longer will be able to file federal lawsuits and state lawsuits together in federal court …

Consensus Decisions Can Deflect Firing-Bias Claims

01/01/2007

One of the best ways to make sure a termination decision sticks is to adopt a consensus approach to the decision-making …

Employee’s ‘Audio Diary’ Spawns Lawsuit Against Pittsburgh TV Station

01/01/2007

CBS News sued a former administrative assistant at its KDKA-TV station in Pittsburgh for unlawfully recording phone calls, reading confidential e-mail and gathering private salary information. The company wants her to give the information back, including an “audio diary” she kept of phone calls for six months …