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Employment Law

FMLA: Count reduced-hours accommodation

02/15/2012
Here’s something to consider when you approve a disabled employee’s request for a reduced work schedule as a reasonable accommodation: You can count the hours not worked against her FMLA entitlement.

Franco’s first director role: a legal comedy

02/14/2012
What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got fired for ­giving Franco the lousy grade?

Policies are key to handling workplace romance

02/14/2012
Romance may be in the air at your workplace this Valentine’s Day. A 2011 survey by CareerBuilder.com found that 40% of those polled said they have dated a co-worker. But while Cupid shoots arrows, workplace romances often blow up in a liability minefield.

DOL releases updated FMLA forms

02/13/2012
The U.S. Department of Labor has released new updated FMLA certification and notification forms used by employers. The forms expire in May 2018.

Whistle-blowing AirTran pilot wins reinstatement, $1 million

02/13/2012
OSHA has ordered Orlando-based AirTran to pay $1 million in damages after it found the airline retaliated against a pilot reporting safety problems.

Second race charge rises for Panera

02/13/2012
A company that operates Panera Bread stores in Florida faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive from the store’s owner.

Courts: Don’t make us second-guess your decisions

02/13/2012
The 11th Circuit Court of Appeals has made it clear that it isn’t interested in interfering unnecessarily with management decisions … The lesson here is that as long as you have a rational reason for discharging an employee, chances are your decision won’t be questioned.

Post promotion opportunities to avoid needless litigation

02/13/2012
Here’s a good way to cut your litigation risk: Make sure you post all promotion opportunities along with the minimum job requirements. That way, employees can’t sue over lost opportunities for which they failed to apply.

Timing is everything when it comes to workplace romances gone bad and terminations

02/13/2012

When you terminate an emp­loyee for a good, obvious and well-documented reason, you seldom have to worry about a surprise harassment complaint. Former employees file them fairly frequently, but courts tend to view them with suspicion. The obvious question: Why didn’t the employee complain about harassment before?

Bullet-proof your promotion process: Tell everyone to forward notes and documents to HR

02/13/2012
When it comes to promotions, courts want employers to be honest and fair. Otherwise, they won’t interfere—unless the employer has no records to back up its promotion decisions or show how its decision-making process worked.