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Employment Law

Merely reporting an injury doesn’t trigger FMLA notice

12/01/2006

The FMLA protects employees from termination for taking leave. But that provision doesn’t kick in until the employee notifies you about the serious health condition (or relative’s health condition) that triggers the leave …

FMLA allows longer paid leave than worker requests

12/01/2006

You can legally keep employees on FMLA leave longer than they requested so long as you provide them pay and benefits during that period.

Oral promise of extra pay is as binding as contract

12/01/2006

In Georgia, employers that promise to pay a bonus, commission or other extra compensation to employees had better be prepared to follow through. Even though those promises aren’t in writing, employees may be likely to hold you to any supervisor’s spoken promises …

Court: Hearing test used by UPS to screen drivers violates ADA

12/01/2006

The 9th Circuit Court of Appeals recently affirmed that Atlanta-based United Parcel Service (UPS) violated the ADA by refusing to hire package-car driver applicants if they failed a hearing test …

Fatal accident at Georgia-Pacific illustrates scaffolding dangers

12/01/2006

As Georgia-Pacific recently learned the hard way, it’s important to regularly check compliance with OSHA safety standards. OSHA fined the Atlanta-based company $63,000 after a fatal accident at its Cedar Springs paper mill …

‘Adios, Regular Guys’; radio show sued for DJs’ harassing antics

12/01/2006

The “all in good fun” argument didn’t pan out for Larry Wachs and Eric Von Haessler, the “Regular Guys” on WKLS-FM 96 Rock morning radio show …

‘Intentional’ harm can trigger separate lawsuit

12/01/2006

Employees injured on the job typically have only one legal remedy: workers’ compensation benefits. But that restriction is blown out of the water if an employee proves that your organization’s actions amounted to “intentional” harm …

Landmark Same-Sex Ruling May Affect Your Benefits Plan

12/01/2006

Your organization may soon need to revamp some of its employee benefits in light of an important ruling Oct. 25 by the New Jersey Supreme Court. The ruling granted committed same-sex couples the same statutory rights and benefits as married heterosexual couples …

Sudden vigilance of company rules can look like retaliation

12/01/2006

When employees sue your organization, it can be tempting for supervisors to keep a closer eye on those litigious employees to make sure they’re “playing by the rules.” But be careful: If you suddenly start enforcing your company’s existing rules or turn into Big Brother, you could end up facing a second lawsuit, for retaliation …

Be able to prove good faith in commission calculations

12/01/2006

If you use a written commission compensation plan as part of your incentive-pay program, make sure you do two things. Otherwise, a court could second-guess your commission calculations …