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Employment Law

Supreme Court rejects NLRB test for supervisor status

07/01/2001
Whom do you consider to be supervisors at your company? It’s a question you’ll have to take a fresh look at in light of a new U.S. Supreme Court decision….

Which companies must make their facilities accessible to disabled customers?

07/01/2001
Under Title III of the Americans with Disabilities Act, a dozen categories of businesses must make their public places accessible to customers and clients. These places must make reasonable accommodations in …

Supreme Court lets stand ruling that limits employee’s FMLA rights

07/01/2001
The U.S. Supreme Court has let stand a lower-court ruling that minimizes the impact when an employer fails to notify a worker promptly that he is ineligible for time off under …

Facing layoffs? Avoid laying the groundwork for lawsuits

07/01/2001
Trimming your work force without smart legal advice is like performing surgery without a doctor. You may remove what you intended, but the complications could be deadly. Even if you …

Playing doctor: What’s a ‘serious’ condition under FMLA?

07/01/2001
Since 1993, employees have been able to take up to 12 weeks of unpaid leave to care for their own “serious health condition” or to tend to a child, spouse or …

Urge Staff to Visit Doctor During Off-Duty Hours

07/01/2001

Q. We don’t usually require employees to provide documentation when they take time off for doctors’ appointments, but one worker has a pattern of scheduling these “appointments” on the Friday before holiday weekends. Can we request verification from the doctor’s office on a case-by-case basis? —J.B., Washington

Newborn’s Medical Problems May Warrant Shorter Hours

07/01/2001

Q. A long-standing employee recently took leave under the FMLA to give birth, but her twins have many medical complications. She exhausted her eligibility under our disability carrier and isn’t eligible for long-term disability because she’s not disabled. We want her back, but she can’t commit to even 20 hours a week. What are our obligations under the FMLA, and would this individual be entitled to unemployment compensation if we terminate her? —G.B., New York

Workers Can Limit Payments to Union

07/01/2001

Q. We recently lost a union election, 6-3. What can employees who did not want any part of the union do now? Is there any way for them to get out of this? —K.F., Pennsylvania

Limit Employees’ Use of Phone While Driving

07/01/2001

Q. The animal care officers who work for us spend 80 percent of their time driving and responding to rescue calls via cell phone. Requiring them to pull off the road while talking on their phones wouldn’t work. Is there another way to limit our liability? —D.R., Florida

Protect disabled staff from harassment

06/01/2001
Starting today, plan to revise your anti-harassment policies and instruct your staff that harassment based on a worker’s disability is against the law. Reason: In a pair of landmark rulings, two …