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Employment Law

Can you require employees to speak English around customers?

12/01/2005

A narrowly tailored English-only policy that is designed to serve legitimate business needs is not discriminatory, says the EEOC. To be valid, the policy should spell out when English is required and let employees converse in any other language at all other times …

Harassment victims aren’t immune from discipline; document actions

12/01/2005
Retaliating against employees for filing harassment complaints is an obvious no-no. But that doesn’t mean employees automatically earn a “Do not touch” label …

You won’t be liable for employees’ conjecture about discrimination

12/01/2005
You can’t stop employees and low-level supervisors from comparing notes and speculating about management’s motivations; the right to complain is practically …

You can request new certification at the start of each ‘FMLA year’

12/01/2005
A new Labor Department opinion letter clarifies that you can require employees to provide new medical certification, not just recertification, for their first FMLA absences in a new “leave year.”

Keeping confidential info secret: Lessons from the Wal-Mart leak

12/01/2005

Wal-Mart execs were wearing egg on their faces last month, and possibly facing legal action, after news media published an internal memo in which a senior VP suggested "clever" ways to cut benefit costs …

Know how to accommodate employee vision problems

12/01/2005
The EEOC just issued new guidelines that explain issues such as:
  • When a vision impairment qualifies as a “disability” under the ADA;
  • What questions you can ask job …

Look at employees’ duties, not titles, to decide exempt status

12/01/2005

Issue: Many employers believe that anyone with a "manager" title is automatically exempt from overtime. Risk: Making such misclassification mistakes can cost thousands in back pay and penalties, plus a black mark on your record …

Supreme Court: Pay employees for certain ‘walking time’

12/01/2005
Issue: Must you pay employees for time spent changing into protective gear and walking to (and from) their workstations?
Benefit/risk: The Supreme Court finally answered this long-running question, but the …

Look into all bias complaints; even ‘nontargets’ can sue

12/01/2005
Issue: Employees who are negatively affected by workplace discrimination can file lawsuits, even if they aren’t the targets.
Risk: The EEOC is encouraging such whistle-blower suits, which opens a new …

What to expect when an employee is expecting

12/01/2005

Both federal and state laws grant pregnant employees special rights in the workplace. Here are some key points for managers to remember.