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Employment Law

5 tricky issues in accommodating mental disabilities

09/01/2006

A top-performing employee is diagnosed with depression and now says her medication makes it impossible for her to make it to work on time. Must an employer change her work schedule? A job applicant volunteers that he is intellectually disabled but says he can perform his job with a job coach. Is that a reasonable accommodation? Are you prepared to answer those questions … and more?

Résumé-Screening software: legal risks and precautions

09/01/2006

The federal job anti-discrimination law (Title VII of the Civil Rights Act) prohibits two types of discrimination: disparate treatment and disparate impact. Because automated tests, such as résumé-screening programs, are blind to applicants’ race, religion, gender and national origin, they likely can’t create a disparate-treatment case. However, such programs can still have a disparate impact on minorities …

Run FMLA time concurrently with sick leave

09/01/2006

Q. We have an employee who is going to be out eight weeks for a qualifying serious health condition. The employee isn’t requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they meet the qualifications? —C.T., Georgia

Don’t push an employee toward disability leave

09/01/2006

Q. We have an employee (an officer at the bank) who was out six months with a heart condition. He has had performance problems on and off since then. He was hospitalized again with pneumonia and returned looking very bad, but his doctor says he’s fine to return to work.  We approached him about taking disability and SSI benefits, but he refuses. Now we face a morale issue because he constantly talks about his illness and his co-workers feel he isn’t performing. If we terminate him, what is the best approach? —C.T., N.J.

Obtain written OK for wage deductions

09/01/2006

Q. Our company allows employees to purchase products on an installment basis. When employees quit and haven’t yet paid the full amount, can we deduct the remainder due from their last paycheck?—K.M., Pennsylvania

Rein in Rogue ‘Early-Clockers’

09/01/2006

Q. We’ve repeatedly warned a part-time employee about clocking in earlier than he’s supposed to, sometimes more than an hour early. We know that we have to pay him for any hours worked, but what can we legally do to get him to work only the hours set for his position? —L.K., Missouri

Tighten policies on laptop usage and security

09/01/2006

An increase in laptop thefts and several new state laws on data-theft disclosure are pushing more U.S. employers to establish tougher security policies for employees’ laptops, PDAs and other tech devices …

Don’t dock exempt workers’ pay for lost equipment

08/01/2006

While you can set a policy that deducts from nonexempt employees’ wages if they damage or lose company equipment, don’t extend that policy to exempt employees or you’ll risk their exemption status …

Online tool helps workers earn back wages

08/01/2006

The Labor Department’s Wage & Hour Division launched a new Back Wage Employee Locator online tool to help people determine if they’re owed back wages as the result of an investigation …

IRS warns about independent contractor errors

08/01/2006

The IRS issued a fact sheet this summer to remind employers to correctly classify workers as either independent contractors or employees. (IRS FS-2006-21) The main factor: control …