Employment Law

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Feel free to discipline disabled worker who disrupts and threatens co-workers

February 11, 2015
As the following case shows, disciplining an employee shortly after he’s requested accommodations is fine as long as you can show the disciplinary reason is legitimate.
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Think twice before changing employee’s job duties or hours during FMLA leave

February 11, 2015
Employees who take Family and Medical Leave Act leave are generally entitled to come back to their old job when they return. If you make any changes to that job, be sure you can document solid business reasons that are unrelated to FMLA leave.
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Different job, different days: How to handle pay?

February 11, 2015
Q. Can we ask an employee to work one day at a certain position with a pay rate of $25 per hour, and the next day work a different position but at a lower rate of $21 per hour?
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Job requires travel: Any off-limits questions?

February 11, 2015
Q. We are interviewing for a position that requires a lot of travel which we believe would be difficult for someone with children. What questions are off-limits on an employment application or when conducting a job interview?
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EEOC targeting workplace harassment

February 11, 2015
When it comes to harassment, the U.S. Equal Employment Opportunity Commission has a simple message: Preventing it in the first place is far preferable to remedying its consequences.
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OK to deviate from policy? Sometimes

January 16, 2015
It’s OK to occasionally deviate from the disciplinary process outlined in your employee handbook—if you leave yourself some wiggle room by explaining that sometimes an infraction is serious enough for immediate discharge.
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Prevent retaliation claims: 5-point checklist

January 16, 2015

A discharge on the heels of a discrimination claim has retaliation written all over it. That’s why you need to have solid, written proof of the employee’s problems to justify the termination. But if it’s not done right, the decision may still be deemed retaliatory. Use this checklist to assess the retaliation perception potential of your decision.

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Do time sheets affect exempt status?

January 16, 2015
Q. Can exempt employees be required to submit time sheets without having their exempt status jeopardized?
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Snow day no-shows: Pay nonexempts?

January 16, 2015
Q. Do we need to pay our nonexempt employees when they’re snowed in and can’t make it to work?
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You can discipline: FMLA is not a shield against termination

December 10, 2014

Some employees mistakenly believe that if they can just get Family and Medical Leave Act leave approved, their employer can’t discharge them. Fortunately, that’s not true.

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