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Employment Law

Do the math before taking action
against employee on FMLA leave

11/01/2003
When calculating an employee’s 12 weeks of Family and Medical Leave Act (FMLA) leave, always double-check your math, then run it by an HR boss or employment lawyer.
While you …

Scrutinize true reasons for layoff; then banish all inconsistencies

11/01/2003
No one likes to choose among employees for company-mandated layoffs. But if you’re given this task, research and recommend choices with defensible reasons that you can back up. Don’t manufacture termination …

Federal agencies now must pay for discrimination judgments

11/01/2003
In a lot of ways, the federal government doesn’t have to play by the same rules as private employers. But a new law puts Uncle Sam one step closer to walking …

Gender gap closing a bit, but equal-pay claims still rise

11/01/2003
Reminder to employers: You may have heard that the gender pay gap is closing somewhat. But don’t slack off in your efforts to comply with the Equal Pay Act.
The …

Nonunion firms: Acquaint yourselves with labor-relations law

11/01/2003
Your organization isn’t unionized, so you shouldn’t care about the National Labor Relations Act (NLRA), right?
Wrong! The NLRA applies to all employers, including nonunion ones. And the law’s impact …

Make Sure ‘Manual Punch’ Counts Correct Hours

11/01/2003

Q. We use a timecard punch-in/punch-out system. If an employee forgets to punch in, and we manually do it, do any labor laws apply? —B.B., New York

Personnel Files: How Separate Must They Be?

11/01/2003

Q. In a previous issue you said employers “must keep certain records separate from personnel files.” What, specifically, does “separate” mean—in separate drawers of the same file cabinet? In separate offices? How far apart do they need to be? —T.S., Illinois

Tell Supervisors to Make FMLA a ‘Work-Free Zone’

11/01/2003

Asking employees to perform even a minimal amount of work while they’re out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will …

Can you accommodate disabilities you don’t know about?

11/01/2003
Issue: The Americans with Disabilities Act requires disabled employees to advise you about their need for accommodation. Benefit: Courts will side with you if you can …

Take ‘same race’ bias complaints seriously

11/01/2003
Issue: Managers sometimes ignore bias claims when the “discriminator” and the “discriminatee” are from the same protected group. Risk: Your organization is liable under bias claims regardless of who makes …