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Employment Law

Prevent managers from interfering with employees’ ADA rights

10/01/2003
You know that you can’t retaliate against employees who request accommodation under the Americans with Disabil-ities Act (ADA). But in addition to this anti-retaliation rule, the law includes a little-known “interference” …

Employee ‘odor policy’ doesn’t pass the smell test

10/01/2003
Courts typically say that grooming policies (such as those that deal with hair or beards) violate federal discrimination law if they disproportionately affect
a protected class and if the company …

Supreme Court outlook: 4 key employment cases to watch

10/01/2003
The U.S. Supreme Court historically starts new terms on the first Monday in October. This year, for
the first time in three decades, it began work in September. Reason: to …

You Shouldn’t Tie FMLA Leave to Workers’ Evaluation Date

10/01/2003

Q. Our FMLA policy says that if employees take leaves of absence under FMLA for more than seven days, their annual review date is moved back for the amount of time they were out. Is this policy lawful? —S.H., Maryland

Keep copies of new hires’ I-9 supporting documents

10/01/2003

Q. Should I always make and retain copies of Form I-9 supporting documents? —K.L., California

Show managers why discipline must remain confidential

10/01/2003
Issue: If managers “go public” about employee discipline, it could spark an invasion-of-privacy lawsuit.
Risk: Jury awards and damaged employee morale, leading to turnover …

Unionized or not, beware of ‘unfair labor practices’

10/01/2003
Issue: Punishing workers for protesting work conditions could constitute “unfair labor practices”, even if your work force isn’t unionized.
Risk: Defending an NLRA claim …

Prevent e-mail ‘spamming’ by angry ex-employees

10/01/2003
Issue: A new court ruling makes it more difficult to stop former employees from blitzing your workplace with e-mail messages, including those that criticize …

3 common FMLA mistakes … and how to avoid them

10/01/2003
The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave annually for the birth or adoption of a child, their own …

Avoid making promises that become job contracts

10/01/2003
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