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You need to be consistent. To stay out of trouble with WC, look at how other employees are treated if out on a non-work related disability. If employees out with a work related disability are treated more harshly, you are looking for trouble. You…
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My comments were close to what she wrote. I have found her advice to be on target but thought I would throw section 14B into the mix as that would be a place to find the text of the law.
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I could be wrong but I suspect you refer to section 14B of the Taft-Hartley Law. This more or less forbids a closed shop or union shop in which all employees working where there is a union must either join the union or pay what is called an agency …
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The short answer in all military leave questions is "does the individual have orders?" If he or she has orders then the indivual must go and the employer must give military leave. Even if the orders are on the spur of the moment and are verbal to …
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Camera use revolves around reasonable expectation of privacy. Generally such issues come to light when there is a hidden camera. If employees know there is a camera, obviously their expectation of privacy is diminished. If a union wants to negoti…
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You might want to define terms a little more. By independent, do you mean a contract or temporary worker? Is it non union as opposed to union. Is the position self directed rather than supervised by your staff?
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This is the old Weingarten rights issue. In a union setting, an employee generally has the right to union representation in any meeting where such employee has a reasonable belief that the meeting may lead to discipline. If this is denied, a third…
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There are a number of issues you must keep in mind. First, the ADEA requires specific language and treatment for any incentive to keep you from being sued over age discrimination. You must give time to consider to employees, disclose how the class…
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This one got all the way to the Supreme Court. If a person has coverage at the time of the qualifying event, they can elect COBRA coverage. If they get coverage from another source subsequent to electing COBRA, the COBRA coverage can then be termi…
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Item #1, be careful. In some cases where employers have lost in court, action taken after a complaint is seen as punitive to the complainer. If the two are split up, and the complainer gets a less desirable shift or even claims that the shift is l…
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As a public sector employer, your employees enjoy some additional protection for free speech in areas of public concern. These cases generally come up when an employee publically criticises an employer in an area of public concern. If an employer …
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How would a salary review come into this? If you do such a review it is a useful tool. In this case, the supervisor should be informed that if things are so slow that two hours a day is sufficient to get work done that there is some question as to…
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Unless given up in the CBA, it is generally recognized that any company has the right to close down at any time. Employees would have the right to draw unemployment and WARN protections would also have to be considered depending on the length of th…
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Courts have ruled that the employer has a right to reasonable respect and chain of command in the workplace. If the employee wants to defy the supervisor, this cannot stand. This is a case where it might be helpful to bring both the worker and sup…
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Early retirement can thin out the ranks. However, by its very nature it tends to select older employees. Here the ADEA comes into play. To pass muster, a program of this nature needs to give something to employees they would not otherwise receive…
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We have a power generation station where the temperature can run to 120 degrees in summer. We do not permit shorts but do have water available. Your employees may well be unhappy but plenty of people work in much warmer temperatures further south.…
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I believe there is a missing piece to this puzzle. Management discovered that somebody had made an error because a label was switched but they did not know the guilty party. Ask yourself this, if all parties lied and denied knowledge of the proble…
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Are you sure an internal investigation is called for in this case. If a large sum of money is definately gone (not a book keeping error), this is evidence that a crime has been committed. The FBI often investigates these matters and you may want t…
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One point seems to be missed. Life insurance companies are not in business to go broke. The premium is based on the probability that a given person of a certain age will or will not die. If it were possible to make money on such a practice, it wo…
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If the employer docks pay for stealing, they make themselves judge, jury, and executioner. There is no agreement on the part of the employee and no due process. If the employee agrees to pay restitution, that is a different matter but this will us…
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While alcoholism is a protected "disease", being under the influence at work is not. Whether testing is done on or off site, really makes no difference. The employee will have a problem with being tested. By the time the smell of alcohol is clear…
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As a church organization, you may regulate the personal behavior of your employees. Do not use fraternization or other modern buzz words. Stick with adultery, fornication, or other translations of the Greek porneia. You may not have a handbook or…
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There are times when it does not pay to pinch pennies and this is one of them. If you put the employee on paid leave and do not subtract such leave from accrued vacation, sick leave or other paid time, then the employee has not lost anything. Disp…
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Typically, basic training lasts six weeks. You must let the individual go to basic training. In the greater scheme of things, six weeks is not that long. While the person is gone, the military must pay them. After they return, you are then free …
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We test our drivers for DOT. When they cannot give a sample, they are permitted to drink a certain amount of water. Even with this, we have never had a dilute sample. If the propective employee claims to have not drunk anything in the morning, it…
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More information is needed. Is your workplace unionized? If so, you must follow procedures in the contract. If there is no union, does your state recognize at will employment? If so, an employee can be terminated anytime. Could any charges of d…
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Each corporate culture is different. Here, HR does the initial interview and screening and then brings in supervisors from the appropriate area for second interviews. HR has responsibility for recruitment and hiring issues and retains final author…
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A good deal depends on the needs of the employer and the flexibility you can show. For instance, you could offer this individual a 4 hour day if it fit into your work needs. You could also bring him in and tell him that light duty is not of unlimi…
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Leave starts when an employer reasonably believes that an employee is missing time from work for a medical condition. It is up to the employer to notify the employee that the FMLA clock is ticking. If the time off taken is less than 12 weeks, it i…
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A great deal depends on the state where you work. State laws are all different. As far as Federal laws, the Thompson Publishing Group has specific books on FLSA, fringe benefits, attendance, health care and many others. (1725 K Street, N.W., 7th …