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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Boring job? That’s no basis for a bias lawsuit

April 15, 2013
Most people want to do meaningful, satisfying work. But many jobs—just by their nature—are routine and not particularly inspiring. While it’s wise from an employee relations standpoint to keep employees engaged, employers have no legal obligation to provide a workplace in which everyone is satisfied and fulfilled.
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It’s legal to adjust pay to local standards

April 15, 2013
Don’t let pay concerns get in the way of a transfer. Feel free to adjust compensation to account for different market rates in different locations.
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When deciding not to hire someone, note specific reasons why

March 13, 2013
You never know which unsuccessful job applicant will sue. That’s why it is crucial to internally document why you rejected a candidate.
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Court: Just 3 days of harassment can indeed create a hostile work environment

March 13, 2013
Usually, courts considering whether an employee worked in a hostile environment look at a period of weeks, months or years to assess whether the alleged harassment was severe and pervasive enough to become truly hostile. But sometimes just a few days will suffice.
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Can I ask candidate about child care issues?

March 13, 2013
Q. The job opening I’m interviewing candidates for requires some occasional overnight travel. Can I ask female job applicants if that would create child care problems at home?  — M.M., Vermont
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Internet addiction disorder: An ADA-protected disability?

February 13, 2013
This spring’s edition of the DSM-5, the official psychiatrist’s diagnostic manual, includes “Internet addiction disorder” for the first time.
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