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Employment Law

You can request new certification at the start of each ‘FMLA year’

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

Keeping confidential info secret: Lessons from the Wal-Mart leak

12/01/2005

Wal-Mart execs were wearing egg on their faces last month, and possibly facing legal action, after news media published an internal memo in which a senior VP suggested "clever" ways to cut benefit costs …

Know how to accommodate employee vision problems

12/01/2005
The EEOC just issued new guidelines that explain issues such as:
  • When a vision impairment qualifies as a “disability” under the ADA;
  • What questions you can ask job …

Look at employees’ duties, not titles, to decide exempt status

12/01/2005

Issue: Many employers believe that anyone with a "manager" title is automatically exempt from overtime. Risk: Making such misclassification mistakes can cost thousands in back pay and penalties, plus a black mark on your record …

Supreme Court: Pay employees for certain ‘walking time’

12/01/2005
Issue: Must you pay employees for time spent changing into protective gear and walking to (and from) their workstations?
Benefit/risk: The Supreme Court finally answered this long-running question, but the …

Look into all bias complaints; even ‘nontargets’ can sue

12/01/2005
Issue: Employees who are negatively affected by workplace discrimination can file lawsuits, even if they aren’t the targets.
Risk: The EEOC is encouraging such whistle-blower suits, which opens a new …

What to expect when an employee is expecting

12/01/2005

Both federal and state laws grant pregnant employees special rights in the workplace. Here are some key points for managers to remember.

React quickly to disability accommodation requests

12/01/2005
Issue: The EEOC is targeting employers who drag their heels on employees’ disability accommodation requests.
Risk: Courts could see your delay tactics as illegal “constructive discharge” of disabled employees…

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” …