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Employment Law

Sudden discipline problems? Check for retaliation by boss

10/25/2010

Some supervisors get angry when an employee complains about alleged discrimination. Then they may look for an excuse to discipline the employee. Watch for such sudden complaints of “poor performance.” If the worker was formerly a good employee and now suddenly is not, you may be staring down a sudden outbreak of retaliation.

Praising off-the-clock work? Plan to pay for it

10/22/2010

Every manager loves an employee who gives extra effort—the type who will come in early or stay late to finish a project. But, as this new case shows, managers should be careful about praising hourly employees for their off-the-clock efforts. Workers can use those comments in an overtime-pay lawsuit as proof that the company not only knew of the extra hours, but also condoned them.

Does the FMLA cover leave for cosmetic surgery?

10/21/2010
Employees can take job-protected FMLA leave for “serious health conditions.” But take note: Cosmetic surgery only counts as a serious condition in very rare cases …

Employees blog, tweet about products? Beware new risk

10/19/2010
If you have employees preaching about your products or services via blogs, Twitter or other social networking sites, beware a hidden risk. The FTC has issued new Enforcement Guidelines that require employees to disclose their relationships with their employer whenever they post comments or positive reviews about their employer’s product on a social media site.

OSHA gives Texas company 1.2 million reasons to record employee injuries, illnesses

10/18/2010
If you shrug off your injury record-keeping duties, consider this recent case study: OSHA last month cited a Houston manufacturer with 83 willful violations for “hiding” work-related injuries and illnesses at the company. The proposed fines: $1.2 million.

Voters to decide: Will sheriff have to get out of Dodge?

10/15/2010
A supposedly confidential sexual harassment complaint has become an election issue in the Dodge County sheriff’s race. An employee in the sheriff’s office claims she was sexually harassed by current Sheriff Jim Trihey.

Don’t tell employee she can take FMLA leave until you have checked her eligibility

10/15/2010

Under limited circumstances, employees who aren’t actually eligible for FMLA leave may become eligible if their employers tell them they are. That’s why you should tell employees that you won’t have a definitive answer about whether they can take FMLA leave until you have checked on their eligibility.

How should we structure an anti-nepotism policy?

10/15/2010
Q. To prevent productivity and morale problems, we would like to adopt a policy banning the hiring of our current employees’ spouses. Would this be lawful?

How should we go about implementing a system for recording employees’ phone conversations?

10/15/2010
Q. Many of our employees spend most of their time dealing with customers over the phone. For quality control purposes and to make sure workers aren’t making personal telephone calls, we would like to record the calls employees make on company telephones. Is that legal?

FMLA: Who is considered a ‘key employee’?

10/15/2010
Q. On the U.S. Department of Labor’s Form WH-381 “Employer’s Response to Employee,” there is a line that asks whether the worker is a “key employee” as described in the FMLA regulations. I always check the box indicating that the worker is a key employee. How should I mark these boxes? I consider most of our workers key employees, and I do not want to offend anyone by suggesting that they are not.