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Employment Law

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

Beware growing liability risk: harassment by customers

11/01/2005
Issue: Courts are cracking down on employers that tolerate customer harassment of foreign-born employees.
Risk: Supervisors sometimes are more lenient with harassment by customers than by employees. That’s a big …

Don’t try to silence employees who compare pay & perks

11/01/2005
Issue: The National Labor Relations Act (NLRA) makes it illegal to punish employees for discussing pay, benefits or working conditions.
Risk: Many employers believe that such NLRA restrictions apply only …

Calculate OT correctly for employees who work two jobs

11/01/2005
Issue: How do you calculate overtime pay for employees who perform two separate jobs at separate hourly rates?
Benefit: New Labor Department rulings clarify this confusing part of wage-and-hour law. …

Employees can disobey bias-tainted orders

10/01/2005
When an employee refuses to carry out an order, supervisors may automatically think such insubordination is worthy of discipline or firing. Not so fast! That initial response, punish the employee, may …

Turn to Last-Chance Agreements for Legal Leverage

10/01/2005

Many employers use "last-chance agreements" to give employees one final opportunity to turn around attendance, productivity and attitude problems. Here’s good news if you use last-chance agreements on employees with drug and alcohol problems: The ADA and many state laws give you the leverage to keep employees clean … and fire them if they’re not …

A surprise inspection can uncover discrimination before it’s too late

10/01/2005
There may be areas of your workplace that supervisors, and maybe even HR, rarely visit, such as locker rooms, loading docks and break rooms. But don’t take a “hear no evil, …

Even small changes to employees’ schedules can equal retaliation

10/01/2005
To prove retaliation claims in court, employees must be able to show they suffered negative employment action in response to their lawsuit, such as termination, lowering of pay, denying a promotion …

Don’t drag your feet on employees’ accommodation requests

10/01/2005
Some problems will eventually go away if you wait long enough. But that’s not the attitude to take when employees request workplace accommodations for their physical or mental conditions.
The …

Continued employment enough to bind employees to noncompete pact

10/01/2005
You may be afraid that your top salesperson or IT whiz is about to jump ship to the competition, but you failed to sign those employees to noncompete agreements when you …