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Employment Law

Heed legal limits of video monitoring in the workplace

07/01/2006

Monitoring employees with video cameras likely won’t violate employees’ privacy rights, but employers should make sure they don’t step over the line of reasonable privacy concerns. Stay in the legal zone by monitoring only public areas of the workplace, and use soundless recording …

1099s won’t instantly create independent contractors

07/01/2006

Q. We hire seasonal temps and have them sign a policy that says their employment will end at a certain date. We’re aware of the unemployment responsibilities that come with being the last employer on record. If temps are hired with 1099 status, will our company still be responsible as the last employer on record and held liable for unemployment benefits? If we use a temp agency, are we liable? –B.B., New York

Look deeper into dubious intermittent FMLA leave

07/01/2006

Q. If an employee calls off intermittently for migraine headaches, how can we verify the real reason for the leave? Can we ask for information each time the employee is absent? —J.M., Illinois

Close the sale by conveying the right message

07/01/2006
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‘Pizza snub’ doesn’t equal religious bias

07/01/2006

A boss bought pepperoni pizza for all employees one day, but a Muslim employee felt slighted because, she said, the boss knew of her religious beliefs about eating pork …

Consistency Erases Risk of Light-Duty Jobs

07/01/2006

Employers who use light-duty programs to cut workers’ compensation costs often make one big legal mistake: They apply their policies haphazardly, allowing some employees to take light-duty jobs, but not others. That inconsistency is the fastest way to trigger discrimination lawsuits …

Employees’ Seniority Trumps Disabled Co-Workers’ ADA Rights

07/01/2006

If you award first choice of promotions, shifts, vacation slots and other perks based on employees’ seniority, you’ll face a dilemma if a disabled employee requests an ADA accommodation that conflicts with that policy …

Have an Affirmative Action Plan? Protect Against Reverse-Bias Claims

07/01/2006

In the HR world, your actions sometimes fall into the “damned if you do, damned if you don’t” category. This is one of those cases …

Placing Employee on ‘Involuntary’ FMLA Leave Is Perfectly Legal

07/01/2006

When an employee calls in sick with an apparently serious ailment, you can place that employee on FMLA leave, even if he or she never asks. f you reasonably believe she has a serious health condition, you can start the 12-week FMLA-leave clock ticking …

Equal treatment is absolutely essential after employee’s complaint

07/01/2006

It may seem patently obvious, but judging from the number of lawsuits alleging retaliation these days, many employers still don’t understand the importance of equal treatment following a complaint …