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Employment Law

Handle absence problems correctly; learn ADA, FMLA interplay

06/01/2006

If an employee has attendance problems due to health issues, those absences may not be covered by the ADA even if they’re covered by the FMLA. That’s especially true if regular attendance is an essential job function …

Trauma of being fired won’t extend FMLA rights

06/01/2006

A new court ruling means you’ll face less worry about legal liabilities stemming from the psychological impact of firing employees on FMLA leave …

All day Sunday off may be a reasonable accommodation

06/01/2006

If you require employees to work Fridays, Saturdays or Sundays, be aware that some employees may object on religious grounds. If they do, you’re required by Title VII to make reasonable ccommodations for sincerely held religious beliefs. And, surprisingly, that right may extend to the entire day off, not just long enough to attend religious services …

Immigration: Congress weighs changes; feds threaten crackdown

06/01/2006

Immigration solidified itself as the top hot-button HR issue of 2006 last month. Amid the backdrop of immigrants’ rights rallies around the country, Congress is debating legislation that could add to employers’ duties and risks in policing immigration …

What’s the cost of a few racist managers? $2 million

06/01/2006

In a recent EEOC race discrimination settlement, Cracker Barrel agreed to pay more than $2 million to 51 current and former employees because of supervisors’ actions at three of its Illinois restaurants …

Are Employee Protests a ‘Protected’ Activity?

06/01/2006

Recent immigration-related rallies have led many employees, mostly minority ones, to skip work on those days. That action sparked an important question in HR circles: How should employers react to unexcused absences caused by employees’ attending political protests? …

Feds Standardize Process for ‘Abandoned’ 401(k) Plans

06/01/2006

Each year, an average of 1,650 sponsors of 401(k) plans abandon their plans, often because the employer goes out of business or merges with another. When that happened, the U.S. Labor typically petitioned the courts to take control of the plan and distribute the 401(k) assets to employees. But new Labor Department rules streamline that process …

EEOC sends message with new guidelines on race, color bias

06/01/2006

The EEOC recently sent a powerful signal about its enforcement priorities when it published newly revised employer guidance on workplace race and color discrimination. The message: Employee complaints of race bias or color bias will be pushed to the top of the EEOC’s inbox …

Record-Keeping: Heed federal rules for discovery of e-mail, IMs

06/01/2006

American workers can access the Internet, e-mail, instant messaging and other forms of electronic communications from anywhere at anytime. While electronic communication helps people do their jobs, it also leaves a trail. A telephone conversation relies on the memory of two participants, but e-mail and IM discussions can be preserved for years to come. And, given the casual way so many people fire off e-mail these days, that can spell legal trouble for employers.

Capping Salaries Won’t Violate Age-Bias Law

06/01/2006

Q. I have a question about capping employees’ salaries when they reach the top of the pay scale. I’m concerned because the only employees affected are those with many years of service and who happen to be over age 40. Have we made a legal error? Some of the affected employees are angry and have mentioned discrimination based on the residual effect of the cap. —M.M., California