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Policies / Handbooks

Evenly enforce appearance, grooming rules

04/01/2008
For the most part, you are free to set and enforce grooming and dress standards for your employees. But here’s an angle to consider when disciplining colorful employees: You must make sure you apply the rules evenhandedly. Don’t single out anyone who belongs to a protected class for special enforcement of the rules …

Can we dock vacation time if sick leave is exhausted?

04/01/2008
Q. If an employee is out sick but has already used up her sick leave hours, can we legally subtract from her vacation time instead? …

Nipping threat of nepotism in the bud

04/01/2008
Q. Some employees have complained anonymously that an employee is receiving preferential treatment because she’s the niece of a manager. We would like to defuse the situation by transferring her to another office. Is this OK? …

Section 1981 Claims

03/16/2008

HR Law 101: Section 1981, a little-known section of the Civil Rights Act of 1866, prohibits racial discrimination in the making and enforcement of contracts. Now, employees are increasingly using Section 1981 instead of Title VII to sue for discrimination because there’s no cap on damage awards …

When romance goes bad: Protecting the company from the fallout

03/01/2008

When office romances sour, scorned lovers often use Title VII to allege that their former lover was a sexual harasser. And even if the lovers are happy, workplace romances can cause problems in the office or on the shop floor. If co-workers feel a love affair results in favoritism, the relationship may lead to charges of conflict of interest, harassment, retaliation or discrimination …

Workplace flexibility: no longer one-Size-Fits-All

03/01/2008

A flexible workplace is flexible in its flexibility. Flextime and flex-place are no longer accommodations for working mothers alone. They are part of a business strategy that helps keep employees productive …

Afraid to discipline disabled employee? Just follow the rules

03/01/2008

Sometimes, it may feel like everyone in HR is walking on eggshells, especially when it comes to disciplining employees who say they have disabilities. It doesn’t have to be that way—if you have a comprehensive employee handbook and consistently follow it …

Make sure your handbook includes a disclaimer—And that employees sign it

03/01/2008

No doubt you have an employee handbook. It probably includes a disclaimer warning employees that the handbook isn’t a contract and that employment is at-will. Make sure each and every at-will employee signs an acknowledgment of receipt so you can prove he or she knew the handbook contained no binding promises …

You don’t need a second opinion to reject FMLA certification

03/01/2008

The 6th Circuit Court of Appeals, which covers Michigan, recently handed employers some ammunition to fight FMLA claims. In its decision in Novak v. MetroHealth Medical Center, the court reaffirmed that an employer is not obligated to get a second opinion when it rejects an employee’s certification paperwork …

What legal issues does GPS monitoring raise?

03/01/2008

Q. Our company would like to start a program where all sales employees will use cell phones that have GPS monitoring. We want to keep track of where employees are so we can make sure they make their sales calls in their own territories and are not wasting time. Is this OK to do? Must we tell employees about the GPS monitoring? What about tracking employees after hours? …