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Employment Law

Calling in ‘sick’ won’t trigger FMLA; employee must give details

08/01/2005
What do you do with employees who call in sick with vague excuses, aches and pains and other less-than-convincing reasons? Can you discipline those people for unexcused absences without fearing that …

If supervisors harass, keep your defense alive with quick action

08/01/2005
In sexual harassment cases, your worst-case scenario is harassment by a supervisor. That’s because sex harassment by a supervisor resulting in a tangible employment action (firing, demotion, pay cut, etc.) is …

‘Winging it’ during interviews poses double danger

08/01/2005
Using unstructured, “tell me about yourself” questions during job interviews not only opens you to discrimination claims, it often results in poor hires, says Mindy Chapman, national director of training for …

Prevent age-based harassment: No ‘old guy’ jokes

08/01/2005
Even among employers that serve as models for sexual harassment and race-discrimination training, one type of bias often tolerated is age-based discrimination and harassment, says Atlanta-based employment-law attorney Douglas Towns.
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Beware misclassifying assistants and computer pros

08/01/2005
The Labor Department’s revised overtime regulations that define which white-collar employees are “exempt” employees (not eligible for overtime pay) and “nonexempt’ employees (eligible for overtime) turn one year old in August. …

Courts look at how you train, not just if

08/01/2005
Hopefully, reading about multimillion-dollar lawsuit verdicts has motivated you to implement anti-harassment and discrimination employee training. But how good is the training you’re giving? It’s a question worth asking.
Reason: …

Interviewing older candidates: Don’t cross the bias line

08/01/2005
THE LAW. The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate in the work-place against people over age 40 on the basis of their age. The law …

Dangerous and Disabled: ADA’s ‘Direct Threat’ Rule

08/01/2005

Q. One of our employees, who has diabetes, is on the road a lot tending to patients in their homes. We’ve heard that she is having trouble seeing patient charts and difficulty pricking patients’ fingers for tests. What should we do? —M.J., New Jersey

HIPAA Rules Aren’t Just For Doctors and Hospitals

08/01/2005

Q. I’d like to know if our company needs something like a HIPAA form for employees to sign when we release personal information to others. Is HIPAA only for the medical field? —B.B., New York

Intermittent FMLA leave may cause inconvenience

08/01/2005

Q. We have an employee on intermittent FMLA leave who periodically faints at work, is carried away in an ambulance, is off for a few days and then returns. Her position is critical. Do we have to continue with these absences? —R.R., Massachusetts