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Employment Law

Can We Reduce Benefits to Citizen-Soldiers?

02/01/2007

Q. In the past, we’ve extended additional benefits to our employees who were National Guard members called up for active duty. Although we’re not going to eliminate that practice entirely, we do want to reduce those additional benefits. Is there any problem with doing so? —L..S.

How to handle discipline for pregnant employees

02/01/2007

Q. We have an employee who was on probation when she became pregnant. What can we do if she continues to have performance problems? —J.J.

Texas law on background checks for minors

02/01/2007

Q. We do background checks on all applicants. I know the Fair Credit Reporting Act says we have to get the applicant’s permission. We hire some employees under age 18. Is there anything special we need to do? —A.G.

Should we keep copies of I-9 documentation?

02/01/2007

Q. My boss is concerned about the increased penalties against employers who hire illegal aliens. He wants to be sure our procedures are in keeping with the best practices. One question I have: What do we do with the documents that new employees present to comply with the I-9 requirements? Should we keep copies of them? And, if so, where? —G.S.

Are overweight employees due ‘disability’ rights?

02/01/2007

Americans are a well-fed bunch, as statistics show, and now many overweight employees cite their extra baggage as a legally protected “disability.” The good news: Employees carry a heavy burden of proof, especially in the 2nd Circuit …

If you benefit from volunteer labor, prepare to pay for it

02/01/2007

Nonprofits and employers in highly competitive fields often use volunteers to ease labor budgets and try out employees “before they buy.” But unless you structure those situations just right, you’re likely to run afoul of the Fair Labor Standards Act and the New York Minimum Wage Act …

You’re not liable for other states’ discrimination laws

02/01/2007

Good news for New York employers: A new federal court decision says that you don’t have to comply with stricter anti-discrimination laws in an employee’s home state if the person works in New York …

Skeptical of an employee’s ‘disability’? Ask for certification

02/01/2007

When an employee requests a work accommodation for a claimed disability, the ADA requires you to explore possible solutions with the worker. While you shouldn’t put off those discussions, first make sure the employee meets the ADA definition of “disabled,” thus entitling him or her to accommodation …

Crude, foul-mouthed manager can easily spark a lawsuit

02/01/2007

HR professionals beware: Foul-mouthed managers are trouble, and the best policy is zero tolerance …

Train employees to avoid pestering workers who file lawsuits or in-house complaints

02/01/2007

Even if you think an employee’s complaint about alleged harassment doesn’t have legal merit, it makes sense to take steps to stop the offending behavior anyway. Otherwise, if the employee perceives that co-workers are targeting him for more harassment, he can quit and sue …