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Employment Law

Clairvoyance not required to ID need for FMLA

03/15/2013

Under the FMLA regulations, if an employee is incapacitated, someone else can notify the employer, whose FMLA obligations are then triggered. But that doesn’t mean that a co-worker merely telling a supervisor that the employee is “sick” works as notification. Employers are entitled to better notice than that.

Don’t try to guess reasonable accommodations

03/15/2013
Employers have no obligation to try to anticipate if a disabled employee needs reasonable accommodations. It’s up to employees to ask for accommodations help.

FMLA issue: Can employee call in sick for her co-worker?

03/14/2013
Sometimes, employees are so sick they can’t even call into work. So, they have a friend or co-worker do it for them. But when this happens, an employee’s request for FMLA leave can get lost in the translation. Here’s how to correctly handle this old-school game of telephone.

Federal sequester raises issues for exempt employees

03/14/2013
Under the federal sequester, a federal contractor may be forced to rejigger its workforce through reduced hours or furloughs. The problem: Under the FLSA, exempts must receive a full week’s pay if they do any work during the week. You have three options.

Courts crack down on EEOC’s ‘fishing expedition’ tactics

03/12/2013

The EEOC has great power and considerable autonomy when investigating employers. But that doesn’t mean the commission has carte blanche to do whatever it wants. In fact, courts have recently issued rulings that place significant curbs on some EEOC practices.

Another lawsuit in state police Asian sex-trip scandal

03/12/2013
The Pennsylvania State Police sex-tourism scandal gripping Harrisburg just got even more complicated. Yet another trooper is suing the state, claiming he was passed over for a promotion after testifying in connection with the original lawsuit that blew the whistle on police officials who allegedly traveled to Asia to engage in sex.

Little incidents can become harassment over time

03/12/2013
Respond ASAP with swift discipline the first time someone levels sexual or anti-female taunts at an employee. Otherwise, the problem will grow. You may not realize something is wrong until the victim quits and sues.

Guard against retaliation claims by documenting timing of every step in the hiring process

03/12/2013
Here’s a simple tip that can save you lots of headaches: Docu­­ment the exact date an applicant submits her paperwork and the date of each decision related to her application.

First things first on FMLA: Challenge eligibility before approving leave

03/12/2013
Many employers are seeing a surge in requests for intermittent leave when an employee has a parent or child who needs help getting to medical appointments or undergoing treatments. Before you approve a request for such intermittent leave, make sure you are satisfied with the medical certification.

Accommodating religion: What HR & managers need to know

03/12/2013
The increasing religious diversity in the workforce is causing more managers to make legal mistakes. Title VII of the Civil Rights Act of 1964 makes it unlawful to dis­­crimi­­nate against applicants or em­­ployees based on their religion. Here’s what the law means to employers and managers on a practical, day-by-day level.