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Terminations

Are certain industries exempt from the FMLA?

04/01/2007

Q. I’ve heard that not all industries are covered by the FMLA. Are trucking companies exempt? If so, we have several employees out on workers’ compensation and FMLA leave. Can we fire them? —T.Z., New York

New York’s disability law is far more lenient than ADA

04/01/2007

New York employers, beware: The state law that protects employees from disability discrimination covers more ailments and impairments than the federal ADA …

Want to project ‘Younger’ image? Beware age-Bias risks

04/01/2007

If your organization aims to attract a younger, more hip clientele, watch how you convey that idea to employees who don’t fit your target demographic …

Can porn surfing be a ‘disability’? Lessons from the IBM case

04/01/2007

When employees use their work computers for inappropriate purposes, such as scouring the Internet for pornography, interacting with minors for sexual purposes or transmitting pornographic images, they violate the law and put their employers at risk …

Don’t let your lawsuit fears prevent necessary discipline

04/01/2007

It’s a dilemma faced by many HR professionals: Discipline an employee who has engaged in a “protected activity” (like union organizing), and you risk a retaliation lawsuit …

Former HR exec wins $9 million in gender-Bias lawsuit

04/01/2007

Curtiss-Wright Corporation was ordered to pay $9 million to former HR exec Joyce Quinlan after a Newark Superior Court jury found that the company denied her promotions because of her gender and then fired her when she filed a complaint …

The fine line between humor and harassment in Passaic County

04/01/2007

How do you know where to draw the line between workplace humor and harassment? The answer: You don’t get to make that choice. Harassment, like beauty, is in the eye of the beholder. And it begins when somebody decides they’ve had enough of the “jokes” …

Investigating EEOC complaint? You’re protected from retaliation, too

04/01/2007

If you’ve ever worried that participation in the internal investigation of an EEOC complaint might land you in trouble, you can take some comfort in a recent federal appeals court decision …

You can ban employee smoking, but can you ban smokers?

04/01/2007

Employers are always looking for ways to cut health care costs … and smoking and overweight employees may seem like ripe targets for change …

Brace Against Rising Tide of Age-Bias Lawsuits in Florida

04/01/2007

Florida’s population is the oldest in the United States. So perhaps it comes as no surprise that older workers in the state are becoming increasingly litigious in filing Age Discrimination in Employment Act (ADEA) lawsuits …