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Employment Law

OK to base discipline on pre-FMLA absences

02/04/2015

Until an employee has logged 12 months of service with her employer, she’s not eligible for FMLA leave. After she becomes eligible, you can’t use FMLA-related absences against her. But what about absences occurring before she became eligible? Can you count those? The answer is yes.

The ideal: Those who handle discipline shouldn’t have access to FMLA info

02/04/2015
If you have a large enough HR office, it makes good sense to keep the FMLA request-and-approval process separate from the disciplinary process. Doing so ensures that someone with expertise in FMLA administration handles the entire process.

Changing employees’ job duties or hours during FMLA leave? Have good reasons

02/04/2015
Employees who take FMLA leave are generally entitled to come back to their old jobs when they return. If you make any changes to their jobs, be sure you can document solid business reasons that are unrelated to FMLA leave.

Harassment? Don’t hide behind handbook

02/04/2015
The fact is, when an employer learns about harassment from any source, it must investigate and act. Ignoring the problem just because an employee was afraid to formally report sexual harassment won’t work.

Can we collect insurance premiums from employee who was out on FMLA leave?

02/02/2015
Q. One of our employees recently returned from FMLA leave. Before he left, the method in which he would pay his share of health insurance premiums was never decided. It’s been two months now and the employee hasn’t mentioned it or attempted to pay us back. What can we do to collect the premium?

Factor transgender discrimination into equal opportunity policies

02/02/2015

Although most employers have policies prohibiting discrimination and harassment based on an em­­ployee’s sex, race and religion, many have not yet added gender identity to the list of protected categories. The lack of protection has real consequences for transgender individuals.

Court: EEOC off the hook for $4.7M in legal fees

02/02/2015
The 8th Circuit Court of Appeals has overturned a lower court ruling awarding the CRST trucking company $4.7 million in legal fees. A lower court had awarded the fees after it determined the EEOC failed to conduct its conciliation process in good faith.

Allegheny, Pa. 911 operators’ lawsuit alleges race bias

02/02/2015
Three former 911 dispatchers have filed suit against Allegheny County, Pa., alleging it discriminated against them because of their race. One dispatcher also claims she was subject to sexual harassment.

Harrisburg, Pa. exotic dancers win class-action status

02/02/2015
A federal judge has granted exotic dancers at a Harrisburg-area adult entertainment club class-action status in their wage-and-hour lawsuit against their employer.

OK to deny permanent job to marginal temp worker

02/02/2015

If a temp isn’t doing a good job, don’t expect improvement if you bring her aboard permanently. When considering converting temporary employees into permanent staff members, you don’t have to accept an application from someone who has already proven herself to be a poor worker.