Employment Law

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Are Skyped meetings compensable?

March 19, 2015
Q: Department managers conduct monthly meetings in person and via Skype for employees who are off, so they don’t have to come in and attend the meetings. Must we pay a minimum amount of hours?
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In some cases, a lateral transfer could be seen as retaliation

March 12, 2015

Employees who complain about alleged discrimination, either to their employer or to an agency such as the EEOC, are protected from retaliation. However, the retaliation has to be something that would persuade a reasonable employee not to complain in the first place. Ordinarily, that requires a so-called adverse employment action like discharge or demotion. Lesser actions, such as a lateral transfer, don’t count. That is, unless that transfer carries with it serious consequences—such as a dramatically longer commute.

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Worker won’t sign disciplinary memo? You can fire for insubordination

March 12, 2015

Some employees don’t take discipline well. What may have started as a reprimand over a rule violation or poor work can quickly escalate for one of these workers. Don’t be afraid to increase the disciplinary consequences if the employee won’t cooperate or accept correction.

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Can I force a worker to change his shift?

February 26, 2015
Q. I need to move an employee to the night shift and no one is volunteering. Can I just force the move?  — Tom, Rhode Island
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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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