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Employment Law

Parenthood: Walk the fine line between accommodation & bias

05/01/2004
Even if your state or local laws protect employees based
on their “marital status” or “family responsibilities,” that
doesn’t mean parent/employees can create their own schedule. You can still …

To avoid ‘glass-ceiling’ lawsuits, study fairness of pay, promotions

05/01/2004
Glass-ceiling lawsuits, in which women or minorities claim they’re prevented advancement beyond a certain point, are tough to prove, but not impossible. If an employee can show a pattern of discrimination, …

Baseless claims won’t trigger anti-retaliation protection

05/01/2004
While it may be tempting, avoid firing employees in reaction to their in-house complaints or lawsuits, even if you think the charges are without merit. Reason: A jury will likely see …

Revisit severance pay as a recruiting tool

05/01/2004
If your organization has offered little or no severance pay, now’s a good time to beef up that benefit.
Reason: Choppy economic conditions the past few years saw many employees …

Using GPS to track employees: Know your rights, responsibilities

05/01/2004
It’s a fact: A small but growing number of employers use location-awareness technology, better known as global positioning systems, or GPS, to help keep track of their employees, boost productivity, sharpen …

Return pregnant employee to equivalent job

05/01/2004

Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position? —J.B., North Carolina

Labor unveils final overtime rules: What now?

05/01/2004
Issue: The Labor Department has finalized rules that redefine which employees are eligible for overtime pay. Benefit/risks: Clearer rules should cut your misclassification risks, but you face a steep learning …

Can you ban males from ‘female-focused’ jobs?

05/01/2004
Issue: Some employers want to create male-only or female-only positions, often for privacy reasons.
Risk: You risk a discrimination lawsuit if this policy doesn’t have a sound business reason …

Serious illness, not just its symptoms, triggers FMLA

05/01/2004
Issue: Can employees earn FMLA leave if they just show symptoms of an ailment that eventually becomes a qualifying “serious condition?” Benefit: The answer is “No.” You don’t have to …

Handle soon-to-retire employees with care

05/01/2004
Issue: If an employee has one foot out the door, can you push the other foot out, too?
Risk: “Retiring” an employee before he’s ready can open the organization to …