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Employment Law

Give staff at least 15 days to obtain FMLA certification

09/01/2006

When it comes to collecting proof about an employee’s FMLA medical leave, one stupid mistake can cost your organization big bucks. That mistake? Not giving employees at least 15 calendar days to obtain the necessary medical certification to prove their need for FMLA leave …

Add early-Termination clauses to all employment contracts

09/01/2006

If you use employment contracts to ensure that you have specially trained employees for a predictable time period, make sure the contract gives you "wiggle room" to terminate the employee …

Don’t fear shifting to ‘Get-Tough’ reviews, but be consistent

09/01/2006

When new management or HR leaders arrive at a company, they may realize that the old guard failed to hold employees to high productivity goals. As a result, they may shift gears and set tougher standards. Employees accustomed to the status quo and the good evaluations may be taken by surprise and suspect discrimination …

New arbitration pacts should cover ‘Old’ job disputes

09/01/2006

More organizations are establishing mandatory arbitration agreements that require employees to arbitrate employment disputes rather than go to court. But if you’re considering such agreements, make sure they contain language that covers events that occurred before you put the arbitration policy in place …

Do you carry the right insurance against employee lawsuits?

09/01/2006

Your company has employment practices liability insurance (EPLI), so it’s covered in case of any employee lawsuit, right? Not so fast. The fine print in an EPLI policy can turn an apparently strong lawsuit shield into a worthless piece of paper …

Prepare to disclose more details on exec compensation

09/01/2006

Public companies must start providing a clearer picture of their top executives’ total compensation in accordance with new Securities and Exchange Commission (SEC) rules released in late July …

Will Maryland court ruling stop ‘Wal-Mart health care’ laws in other states?

09/01/2006

Wal-Mart won a major victory this summer in the continuing battle against state lawmakers who want to impose benefit mandates on U.S. employers. Only time will tell whether that victory discourages other state legislatures from pursuing similar actions …

Heed IRS warnings about independent-contractor errors

09/01/2006

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 in making that decision: control …

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 …