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Employment Law

Review insurance policies for legally dangerous exclusions

10/01/2004
Issue: A poorly worded insurance policy can spark age discrimination lawsuits. Risk: If your policy excludes members of a protected class (age, race, gender, etc.)…

Require employees to show FMLA proof before their leave

10/01/2004
Issue: When must employees provide proof of their need for FMLA leave? Benefit: You can require employees to provide proof when they request the leave. Action: Don’t be …

Warn managers: Never disclose ex-employees’ medical data

10/01/2004
Issue: Former employees can sue if your managers blab about employees’ medical conditions to prospective employers. Risk: Ex-employees can file Americans …

Disabled staff? No need to revamp their jobs

10/01/2004
Issue: How far must you go to offer disabled employees a “reasonable accommodation” under the Americans with Disabilities Act (ADA)? Benefit: ADA doesn’t …

Calculating paid ‘On-Call’ time an art, not science

10/01/2004

Q. We have a maintenance employee who we will soon put “on call” for various shifts (occasionally at night) to fix equipment. How should we handle his on-call pay? —E.P., Rhode Island

Base Taking-Work-Home policy on security and job needs

10/01/2004

Q. Is there any legal precedent or other justification for not allowing public employees to create work-related documents on their home computers? —J.R., Alabama

Inquire about confidentiality agreements

10/01/2004

Q. If a job applicant doesn’t mention that he or she is subject to a confidentiality agreement, should we ask? —L.M., Maryland

Juries punish rushed investigations; keep an open mind

10/01/2004
Issue: Following correct protocol when investigating harassment complaints. Risk: Courts will slap organizations with big punitive damage awards …

Are you doing enough to stop employee identity theft?

10/01/2004
Your employee records are a gold mine for identity thieves. How should you secure them? A new Society for Human Resource Management survey says 95 percent …

You can ban outsiders from ADA accommodation talks

10/01/2004
When you’re trying to work out job accommodations with disabled employees, they may ask to bring others into the discussion. Must you allow this? No, according …