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Family And Medical Leave: Mistake In FMLA Notice Permits Ineligible Employee To Take Leave; How To Avoid Similar Errors

Mix-ups with leave-related paperwork can bring on expensive headaches, as one employer recently discovered. Sam Duty, a mechanic and welder at Norton-Alcoa Proppants, injured his neck at work and took seven months of medical leave. But eventually a dispute erupted when it turned out that an error in the company’s FMLA paperwork gave Duty more […]

E-Alert Item: Medical Marijuana: Fired Employee Goes To Court

Gary Ross was offered a job as a lead systems administrator for RagingWire Telecommunications in Sacramento. In connection with taking a mandatory pre-employment drug test, Ross gave the company a copy of his medical prescription for marijuana, which he used to alleviate pain from an old back injury. Ross also told RagingWire that he wouldn’t […]

E-Alert Item: Family Leave: Employee Wins Half-Million-Dollar Award

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 […]

Bulletin Item: New ADA and Health Care Guides Available

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 […]

News Notes: EEOC Settles Genetic Testing Case

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 […]

ADA Accommodations: Supreme Court Rules That Seniority Systems Ordinarily Need Not Yield To Accommodate Disabled Workers, But There May Be Exceptions

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 […]

Disabled Workers: Employee Can Sue For Workplace Injuries Caused By Employer’s Failure To Accommodate

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 […]

Electronic Surveillance: California Supreme Court Rules On When A Phone Conversation Is Confidential; How To Monitor Employee Calls Without Getting Sued

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 […]

News Notes: Employer Never ‘Paid’ Employee Whose Paycheck Was Illegally Intercepted

  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 […]

Internet Policy: April 2002

  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 […]