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Employment Law

You can require back-to-work fitness certification after FMLA leave

07/08/2010
If you have a standard policy that requires employees returning from sick leave to show that they’re fit for work, you can also require employees who use FMLA leave to provide the same.

When employee complains about discrimination, be alert for signs bosses are retaliating

07/08/2010
Has an employee complained about a supervisor’s alleged discrimination? If so, carefully review any important employment decisions the supervisor subsequently makes. Be alert for potential retaliation.

Try to accommodate employee’s religion– but don’t automatically agree if it’s a burden

07/08/2010

Some employees think that any restriction on their exercise of religious expression or dress is automatically illegal. That’s not true. In fact, when faced with an employer’s request to remove an article of clothing such as a head scarf or other head covering, the employee must state that doing so would interfere with practicing her religion and that she would like an accommodation.

6th Circuit: Vets can waive USERRA rights

07/08/2010
Until now, it wasn’t clear whether employers could ask employees returning from military service to waive their re-employment rights under USERRA. Now a ruling from the federal 6th Circuit Court of Appeals has offered guidance for employers that want to provide severance payments in lieu of re-employment.

Rebellion after dispute resolution? Discipline

07/08/2010

Some employees refuse to accept their employer’s solution to their discrimination complaints. They demand more action. Sometimes those employees begin working against their supervisors, perhaps assuming that any disciplinary action would constitute retaliation. Do you have to cave to their demands?

When reasonable accommodation is time off, it’s OK to count it as FMLA leave

07/07/2010
Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. You are free to subtract the time off from any FMLA hours available.

Even coffee-making can be compensable time

07/06/2010

The little things employees do while they’re getting ready for work—putting on safety gear, firing up their computers, standing in line to get equipment—can sometimes be considered paid work time. Courts often see such “preparatory work” as compensable, even if it benefits the employee, too. Consider this recent case involving making the morning coffee and breakfast before the start of a shift.

Create a fair and consistent system for dishing out overtime hours

07/05/2010
Do you have a system that allows all employees in the same job category an equal shot at earning overtime pay? If not, consider setting up a fair system for distributing that extra work. Otherwise, you may find yourself facing a discrimination lawsuit.

Must we rehire strikers when labor dispute ends? We may want to keep replacement workers

07/02/2010
Q. A group of our employees recently voted to strike. To ensure that our operations aren’t disrupted, we would like to hire replacement workers. When the strike ends, will we be required to reinstate the strikers?

2 small companies, 1 owner: Could we be covered by the FMLA?

07/02/2010
Q. We are a small manufacturing company with 16 employees. We distribute our products through another company, which we also own. The distribution company has 38 employees. One of our manufacturing employees is pregnant and has asked for time off. She says she is entitled to leave under the FMLA. Is this true?