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Employment Law

When handing out discipline, make punishment fit the crime

03/01/2005
Managers may want to “get tough” on employees who have given them trouble in the past. But, as the following case shows, employees can sue for retaliation if they can prove …

Don’t impose grooming rules that weigh heavier on one gender

03/01/2005
Courts usually allow you to set grooming policies or appearance standards, particularly for employees who deal directly with customers. Just make sure you apply your rules evenhandedly across your work force. …

Remind managers to prevent ‘off-the-clock’ work

03/01/2005
Telecom giant Cingular settled a Labor Department audit last month by paying $5.1 million in back wages to more than 25,000 customer-service reps and agreeing to create a new time-reporting review …

New motivation to complete your EEO-1 paperwork

03/01/2005
If you’re required to file an annual EEO-1 form, don’t let the task slip: The EEOC can get tough with companies that shrug off this duty. Example: The EEOC filed a …

Make privacy a cornerstone of your culture

03/01/2005
Confidentiality can quickly become a legal issue in many workplace decisions and activities.

FMLA certification: Collect medical-leave proof the right way

03/01/2005
THE LAW. The FMLA lets eligible employees take up to 12 weeks of un-paid, job-protected leave each year for their own “serious health condition,” or if the employee is caring …

Cite Return-to-Work Tests in Drug/Alcohol Policy

03/01/2005

Q. One of our employees was recently in jail for traffic and drug violations. Before he returns to work, what guidelines can we follow to ensure that he’s drug-free? Will we be discriminating if we require a drug test before allowing him back on site, even though we didn’t require this test when he was hired? —M.Z., Washington

FMLA for Over-18 Relative Hinges on Self-Care Ability

03/01/2005

Q. Would FMLA leave apply to an employee who requests leave time to care for her daughter who is over age 21 and married? The daughter’s illness required hospitalization, but her husband is overseas on active duty with the military. —D.S., Georgia

Alert managers: No ‘magic words’ needed to request FMLA

03/01/2005
Issue: Some supervisors think about FMLA only if an employee explicitly says “I need FMLA leave.”
Risk: In reality, employees don’t need to use the term “FMLA.” Failing to recognize …

Don’t let managers hire or fire based on family health costs

03/01/2005
Issue: Can you terminate, or refuse to hire, people based on their impact to your health plan?
Risk: Employees have two paths to sue you for such cost-trimming employment actions. …