RSS icon

Top Stories

The Practical Employer

hyman_practicalemployer
Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.

No Call, No Show, No FMLA

September 18, 2012
Comments (0)
While it sometimes seems as if employees hold all the high cards in the FMLA poker game, as this case makes clear, employers are within their rights to enforce neutral attendance policies against employees who fail to follow their rules. Now, go check your policies to make sure they contain these types of notice and call-in rules.
Read More

NLRB Continues to Attack Facially Neutral Employment Policies

September 17, 2012
Comments (0)
Employers, I wish I could whisk up a magical elixir to solve this problem. Alas, at least for the time being, we are stuck with the NLRB's intrusiveness into the world of work rules, and the grave uncertainty that comes along for the ride.
Read More

The Five Little Words That Will Cause Your Company a Huge Headache

September 13, 2012
Comments (0)
It is immeasurably less expensive to get out in front of a potential problem and audit on the front end instead of settling a claim on the back end.
Read More

Criminal Background Checks Remain on the EEOC's Radar

September 12, 2012
Comments (0)
If you are considering using arrest or conviction records to aid in your hiring decisions, do not do so without a reason connecting the offense to the job, and without the input of employment counsel versed on these issues.
Read More

Testing Employees for Legally Prescribed Medications Must be Done Carefully

September 11, 2012
Comments (0)
In the Dura Automotive case, the employer tested all of its employees for prescription medications, regardless of their job duties. This across-the-board testing runs afoul of the ADA. If you have safety-sensitive positions, in which employees will pose a direct threat by performing their essential job functions while impaired, then you may be able to test those employees for legally-prescribed medications.
Read More

Transfer Preferences to Vacant Positions as an ADA Reasonable Accommodation Continue to Baffle Courts

September 10, 2012
Comments (0)
When you don't hire the best person for an open position, it could lead a court to second-guess your judgment and question why a member of a protected class was overlooked. Recognize, however, that this issue is unsettled, and declining to accommodate a disabled employee by transferring that employee to an open position could result in a violation of the ADA.
Read More

Unemployment (or Prior Lawsuits) as a Protected Class? Not so Fast Says the 6th Circuit

September 6, 2012
Comments (0)
While this case was decided under Michigan law, it has implications beyond that state. As the opinion points out, there exist no cases from any jurisdiction recognizing a failure to hire claim under state common law or public policy.
Read More

How Long is Too Long for a Medical Leave of Absence?

September 5, 2012
Comments (0)
If you are granting a leave to an employee as an accommodation, your best defense to a potential ADA claim is to open a dialogue with the employee about a return date, and prepare to be flexible.
Read More

Are Your Policies Updated to Account for Ohio's New Ban on Texting While Driving?

September 4, 2012
Comments (0)
Remind employees that texting while driving is not only against the law, but also against company policy. Your insurance carriers, and, believe it or not, your employees and their families, will thank you.
Read More

Are You Allowed to Use Social Media at Work?

August 30, 2012
Comments (0)
Companies cannot promulgate a disconnect between their external social media efforts and their internal social media policies. Openness to the public at-large will cause resentment among your employees if you restrict internal access. It sends a mixed (and wrong) message.
Read More