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Employment Law

President proposes new pay rules for home health workers

01/06/2012
In an attempt to right what he perceives to be a wrong-headed Supreme Court decision, Presi­­dent Obama is asking the U.S. Depart­­ment of Labor to change FLSA regulations covering home health care workers.

Minor lifting restriction doesn’t mean ADA disability

01/06/2012
Not every injury causes a disabling condition that qualifies for ADA protection.

Threatening suspension could be retaliation

01/06/2012
Warn bosses: Threatening someone with discipline may be retaliation.

Solid record-keeping is the key! Document pay criteria to shoot down EPA cases

01/06/2012

Employers are free to pay em­­ployees different rates based on training, experience and education. You’ll be fine as long as you can justify your pay criteria. However, an employee’s sex is never a legitimate differentiator.

Follow the certification trail when you suspect employee is gaming medical leave

01/06/2012
When asked to provide FMLA certification of their serious health condition from a health care provider, some employees may realize they can’t. One answer? Fake it. What’s an employer to do? There are several approaches you can take.

‘Cross-burning’ teacher files another appeal

01/06/2012
An Ohio science teacher who unsuccessfully sued to win back his job after being fired for branding a cross on a student’s arm and proselytizing his Chris­tian beliefs in the classroom has filed an appeal in federal court.

In RIF, use same criteria you use for hiring

01/06/2012

Sometimes, layoffs are inevitable, something that’s always hard—and often a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who should fill a new position.

Worker makes threats? That’s a firing offense

01/06/2012

Some employees are simply difficult to manage. They start argu­­ments and may see harassment or discrimination everywhere. But sometimes they cross a line, implying they could get violent. How you handle their complaints can spell the difference between winning and losing a lawsuit.

Can employees have fun while on FMLA leave?

01/06/2012
Sure, a birthday party may lift your spirits. But Congress probably didn’t have party attendance in mind as “covered treatment” when it gave employees the right to take FMLA medical leave. Still, should you instantly fire a worker for attending a party while on FMLA leave?

How to help disabled employees deal with emergencies

01/05/2012
A major focus of emergency planning concerns how to help people with disabilities. However, employers must remember that federal laws may restrict what employers can do in emergencies.