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Employment Law

Employee behavior change can count as FMLA ‘notice’

07/01/2003
Issue: You may need to somehow decipher employees’ need for FMLA leave from a “sudden behavior change.”
Risk: Dramatically expands employees’ protection under FMLA.
Action: Warn managers to notify …

Don’t make promises the company might not keep

07/01/2003
Issue: Courts will make your company follow through on oral promises you make about benefits.
Risk: You or an ill-informed manager could inadvertently force your company to provide benefits it …

Learn the legal risks of viewing school records

07/01/2003
Issue: Using school transcripts to screen applicants can lead to discrimination claims.
Risk: Without guidance, hiring managers can inadvertently use school records …

Pursue claims, even if complaining worker backs off

07/01/2003
Issue: Courts place the burden on employers to complete investigations of sexual harassment complaints, even in the face of reluctant complainants.
Risk: Failing to pursue complaints actively will come back …

Investigating workplace harassment: 10 steps to success

07/01/2003
Issue: Responding to employee harassment complaints is a high-stakes venture.
Risk: A botched investigation can damage employee moral and spark a lawsuit.
Action: Make sure you (or any manager …

Rewrite policy to prevent moonlighting during FMLA leave

07/01/2003
Issue: Unless your policy prevents it, employees can work a second job while out on medical-related FMLA leave.
Risk: Reduced productivity as employees “work” the system.
Action: To prevent …

Keep data on employees’ race separate

07/01/2003

Q. We have all new employees fill out a data sheet. Is it OK to ask for race on this form? —J.M., Nevada

Don’t dock exempt worker for partial-Day absence

07/01/2003

Q. If an exempt employee has no more paid leave left, can he take a couple hours off without pay? We’d just manually adjust his salary to reflect this. —A.D., Pennsylvania

You don’t need I-9 forms for pre-1986 hires

07/01/2003

Q. We have a few employees who started working for us more than 20 years ago, before the I-9 rules took effect. I don’t have an I-9 on file for these folks. Should I? —S.I., New York

Talking the talk: Be careful with these 5 ‘lightning rod’ terms

07/01/2003
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