Employment Law

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When workers are sent home due to an issue with the building, are they still paid?

July 23, 2018
Q: “Our building experienced a water main break that shut down our restrooms. Since OSHA requires restroom facilities for employees, we sent everyone home. Exempt employees still receive their salaries, so they’re paid for the day. Do we need to pay our hourly workers who performed no work that day?” – Calvin, Virginia
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No, you can’t make staff divulge their meds

July 19, 2018
The EEOC has filed a lawsuit against a Texas employer that requires all its employees to report every medication they take, both prescription and over-the-counter drugs.
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Beware medical tests that regard applicants as disabled

June 20, 2018
A Portland, Maine, trucking company is embroiled in an Americans with Disabilities Act lawsuit after it rejected applicants for driver positions based on their inability to pass a “back assessment” test.
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We made worker stay late to clean mess: Do we need to pay him overtime?

May 16, 2018
Q. One of our workers made a mess near the end of his shift. We told him he needed to clean it up before he left. Do we need to pay him overtime?
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How liberally can intermittent FMLA leave be split?

November 6, 2017

Q:  “Can an employee use a few hours of FMLA leave per day, breaking up her doctor-recommended two full days per medical episode? The employee indicated in one absence that a piece of furniture collapsed on her and then due to her FMLA issue, she was weak and couldn’t come to work.” – Mary, Ohio

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Can we withhold pay for a time clock violation?

November 6, 2017

Q: “If any employee does not clock in or out for a shift and does not alert their supervisor, is it okay to hold back that day’s pay until the next pay period if the error is not discovered until the financial manager is running payroll? Or is it only legal to do a write-up?” – Anonymous, Virginia

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How do we make sure job postings are in compliance with affirmative action requirements?

November 6, 2017

Q: “When posting for a job, should sites such as Zip Recruiter, Monster, etc., be in compliance with collecting Affirmative Action information to assist in AAP? If not, what is the best solution to gather that data?” – Anonymous

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‘No skirt’ rule costs coffee shop $22K

October 11, 2017
The franchisee of a Tim Hortons coffee shop in Michigan agreed to pay $22,000 to settle a religious accommodation lawsuit.
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Suffering FMLA abuse? Cure top 4 symptoms

August 14, 2017
Summertime and the winter holidays are the two peak seasons for employee leave requests—including FMLA leave. How many of your employees’ FMLA requests will be suspicious this holiday season?
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Employment Law Q&A: July ’17

June 14, 2017
Q. During busy times we require staff to work through their lunch breaks, but we provide them with a catered lunch to eat while working. They seem to have no problem with this. Is it legal?
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