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Employment Law

Request certification at start of each FMLA year

12/01/2005
A new Labor Department opinion letter makes clear that you can require employees to provide new medical certification, not just recertification, for their first FMLA absences in a new “FMLA year.” …

Taking FMLA/paid leave together may forfeit attendance bonuses

11/01/2005
When employees return from FMLA leave, they should be given the same or equivalent position with equivalent benefits. FMLA regulations say that bonuses for “job-related performance, such as for perfect attendance” …

Learn to spot staff plotting to become competitors

11/01/2005
You may already require key employees to sign noncompete agreements and/or no-moonlighting policies. But even the best of those “paper handcuffs” can’t bring your business back if a defecting employee is determined to compete against you.

Make sure return-to-work requirements are reasonable

11/01/2005
When employees return from leave for an FMLA-covered illness or ADA-related disability, you naturally want to make sure they’re ready to resume work. After all, if problems linger, you may want …

Long delay seldom sinks lawsuits; retain records until case is resolved

11/01/2005

If you know an employee has filed a complaint with the EEOC or state anti-discrimination agency, don’t trash any relevant records until you receive official notification that the case has been resolved and won’t be appealed …

Supreme Court nominee has pro-business pedigree

11/01/2005
If her legal career is any indication, Supreme Court nominee Harriet Miers could be a strong advocate for business if she’s confirmed.
While Miers has never served as a judge, …

Big changes proposed for ADA accessibility rules

11/01/2005
You may need to make new accommodations for disabled customers and employees if proposed regulations win approval. The Access Board, an independent agency …

Do you need a blog policy? Ask yourself 3 questions

11/01/2005

Employment policies often must adapt to changes in culture and technology, and the explosion of blogs is one such example. Disgruntled employees often use their blogs to attacks employers, spread gossip about co-workers or even publish suggestive pictures of themselves. Ask yourself the following questions to see if you need a blog policy …

Unions: Brace for renewed organizing in wake of union rift

11/01/2005
THE LAW. The 1935 National Labor Relations Act gives employees the right to organize, bargain collectively and strike. In the 1940s, Congress
tried to correct union abuses of power by …

Denying leave may be legal, but unwise, for small firms

11/01/2005

Q. We had a full-time RN request time off to be with her husband who experienced a heart attack. We’re a small medical center with 25 employees. Administration was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had lots of sick time and vacation time in the bank. Can the company do that? —D.B., Pennsylvania