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Employment Law

Same job titles don’t demand the same pay

01/01/2006

While the Equal Pay Act prohibits wage discrimination against women, make sure you and your supervisors realize that it doesn’t require every employee in the same position to earn the same salary. If you can point to factors other than gender (seniority, education, experience, skills, etc.), you can set radically different salaries for employees who hold the exact same job …

When can nonsexual bullying equal sexual harassment?

01/01/2006

f you think sexual harassment involves only those headline-grabbing actions like groping behind closed doors or demands for sex, you’re wrong. The law also says that if your organization tolerates employees who single out co-workers of one gender for abusive (nonsexual) treatment, you could be liable for a sexual harassment lawsuit based on a hostile environment …

Unions are revving up: Here’s how to keep them at bay

01/01/2006

Infighting among union groups has the labor movement cranking up its organizing efforts to prove a point. Many employers panic when they become union targets, tripping over costly labor relations rules. Follow these steps to avoid becoming a union target …

Understand links between FMLA and workers’ comp

01/01/2006

Q. If an employee is out on workers’ comp due to a work-related injury that requires surgery, can we also force him to use FMLA days in conjunction with that workers’ comp leave? The workers’ comp carrier is paying the employee’s reduced wages. —B.F., Pennsylvania

Avoid Phrases That Can Sabotage Job-Review Meetings

01/01/2006
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Asking for Test Results Is OK if a ‘Business Necessity’

01/01/2006

The ADA prohibits you from seeking medical information simply to find out if the person has a disability. You can, however, seek such details to discover whether a person is medically fit to perform the job duties. Don’t shy away from every medical inquiry; just make sure it’s based on a legitimate business necessity …

Don’t give up on accommodations too early; show a ‘good faith’ effort

12/01/2005
When faced with a disabled employee, you must actively negotiate possible accommodations in good faith. That may seem obvious, but employers are constantly …

Set separate notice rules for FMLA and regular absences

12/01/2005
Your organization can (and should) establish clear rules for whom employees should contact if they need time off. Those rules can specify one contact person …

‘Customer preference’ is no reason for discriminatory hiring choices

12/01/2005
Make sure your hiring managers understand that customer preference should play no part in their hiring decisions. Applicants’ race, age, sex or religion …

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 …