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Kim Pesky, a marketer for Stamford, Conn.-based Cendant Corp., took time off under state and federal family leave laws to care for her new baby. The project she was working on at the time her family leave began was purchased by another company, so the job she had left in effect no longer existed. Management […]
The Equal Employment Opportunity Commission has published a practical new guide to the Americans with Disabilities Act. The guide is geared toward small employers, but contains useful information regardless of employer size. Topics covered include: who is protected; avoiding mistakes during interviews; what questions you can ask about a medical condition; and more. For a […]
The Burlington Northern and Santa Fe Railroad Company will pay $2.2 million to settle a genetic testing lawsuit filed by the federal Equal Employment Opportunity Commission. The EEOC charged that Burlington Northern conducted genetic testing as part of a medical exam required of employees who had filed work-related carpal tunnel syndrome claims. Burlington Northern agreed […]
Most employers know they need to consider a disabled worker’s request for reasonable accommodations, which could include reassignment to another job. But does an employee’s demand for a particular accommodation trump your seniority rules? Not in most cases, according to a new U.S. Supreme Court decision that brings needed clarity to this question. But the […]
Typically, workers’ compensation is the only remedy for an employee who is injured on-the-job. But a California Court of Appeal now says that if the injury stems from your not reasonably accommodating an employee’s disability, the employee can bypass workers’ comp and sue you for damages. Disabled Employee Injured At Work Marilyn Bagatti was an […]
A new California Supreme Court ruling highlights a state law that prohibits the secret tape-recording of phone conversations. Although the case didn’t involve an employer-employee dispute, it has important workplace implications. We”ll explain the decision and provide guidelines on when you can legally monitor employee phone calls. Wife Allegedly Plots To Kill Sick Husband The […]
Felix C. Villafuerte complained to the Labor Commissioner that Pasadena-based Inter-Con Security Systems Inc. never paid him his final wages when he quit. Inter-Con claimed it had mailed a final paycheck to Villafuerte but that an unknown person had illegally intercepted and cashed it by forging Villafuerte’s signature. A California Court of Appeal now […]
Sample Internet Policy Here’s a sample Internet policy you can modify and/or expand to meet your organization’s specific needs. Have your employees sign the policy, acknowledging they understand it and agree to be bound by its terms. [Company] Internet Policy Business use only. [Company] provides Internet access (including e-mail) to its employees to assist and […]
A Labor Department rule provides that when an employer fails to notify an employee that leave qualifies under the federal Family and Medical Leave Act, the time off does not count toward the 12 weeks per year the employee is entitled to under the FMLA. Federal courts have split over whether this regulation is valid—and […]
Because employee Internet access in the workplace can raise the potential for abuse and misuse, some employers monitor their employees’ Internet activities. But this in turn raises concerns about employees’ right to privacy. An important new California Court of Appeal decision addresses this issue head-on, ruling that an employee who consented to employer monitoring had […]