Employment Law

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Older worker too slow? Firing isn’t age bias

June 14, 2013
Some older workers hear “slow” and immediately assume that’s code for “old.” But sometimes, slow just means slow.
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EEOC wins $240M verdict; largest ever for agency

June 14, 2013
An Iowa jury has awarded 32 men with intellectual disabilities the largest verdict in EEOC history—$240 million for 20 years of disability discrimination and abuse.
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We want staff to wear uniforms: Who pays?

June 14, 2013
Q. We’d like our retail staff to wear uniforms. Can we charge them for the uniforms? — E.L.J., Massachusetts
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Dress code for safety trumps religious needs

June 14, 2013
Q. We have a strict dress code policy requiring all machine operators to wear pants while working. Can we discipline a veteran machinist who claims that she has converted to a religion that requires her to wear dresses? — S.J., North Carolina
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Employee lies about FMLA absence: OK to fire

June 14, 2013
Employees sometimes don’t want to give their bosses personal details about an illness or condition that may be covered by the FMLA. Instead they just call in sick. If you find out they lied about the nature of their health problems, you can fire them for violating your honesty policy.
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Adjust deadlines, help reassign projects before employee goes out on FMLA leave

June 14, 2013
Employees who take FMLA leave can’t be disciplined for work that goes undone while they are out. To avoid confusion, always adjust deadlines or find backup to meet inflexible deadlines while the employee who is usually responsible for the work is away.
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FMLA mistakes: When will you personally pay?

May 10, 2013

Some federal labor laws provide a little “extra incentive” for managers to understand how to administer them. The FMLA is one of those laws. In addition to allowing employees to sue your organization, it allows for individual liability against supervisors who make FMLA-related mistakes. That’s a big deal—and one that many supervisors don’t understand.

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Cost of firing a pregnant worker: $20K

May 10, 2013
What not to say to a pregnant worker: “The baby is taking a toll on you.” Surprisingly, that’s exactly what a four-month-pregnant waitress was told when she was cut from the weekly schedule and then fired.
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Do dad’s prenatal visits qualify for FMLA?

April 15, 2013
Q. Does all prenatal care qualify for FMLA leave, or does the female employee need to have complications to qualify? Also, can a husband take leave for his wife’s prenatal care, such as accompanying her to an ultrasound? — C.D., Nevada
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Our workweek is 37 hours: Pay overtime beyond that?

April 15, 2013
Q. The regular workweek for employees in my department is 37 hours, rather than 40. Should their overtime be calculated based on the hours they work over 37?  — D.L., North Carolina
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