Monthly Archives: June 2008

CHANGES TO FMLA ON THE HORIZON

Proposed revisions to the Family Medical Leave Act impact on a few critical areas: Definition of a serious health condition. The proposed rules would require that, in order to be a serious medical condition, two or more treatments must occur within 30 days of the start of incapacity. The ability to get accurate medical information… Read more »

COURT DEFINES STANDARD FOR PRE-EMPLOYMENT PHYSICALS

In Bates v. United Parcel Service, Inc., UPS required all drivers to pass a hearing test approved by the Department of Transportation. Even though the local drivers were not required to meet the DOT standard, the court said that all UPS should have to prove is whether the hearing tests were related to safe driving… Read more »

CASE OF THE MONTH: HAWKINS V. ANHEUSER-BUSCH, INC.

This case discussed complaints made by four female employees of Anheuser-Busch as a result of sexual harassment and retaliation caused by a co-worker during a 10-year period. The first complaints against Bill Robinson began in 1993. He was finally terminated as a result of his behavior in July of 2003. The next month, while investigations… Read more »

ACCOMMODATING ALCOHOLISM

The January 2008 Legal Report from the Society for Human Resource Management went into depth about this unique challenge. Here are some of the highlights: Employees may be prohibited from using or being under the influence of alcohol at work. You may hold alcohol-dependent employees to the same performance and behavior standards as non-alcoholics. You… Read more »

PUNISHMENT BY COMPLAINT

Many employers are easily frustrated by the amount of effort it takes to respond to even the most frivolous of employee claims. For example, if a disgruntled former employee files a frivolous complaint of discrimination, the EEOC wants you to “submit information and records relevant to the subject charge of discrimination.” The allegations in these… Read more »

AVOID MULTITASKING BEHIND THE WHEEL

Last year a Florida mother of two was fatally rear-ended during a busy commute by someone distracted on their cell phone. The jury awarded a $2 million verdict against the employer, ruling that since she was on a work call the accident occurred within the scope of employment. According to the National Highway Traffic Safety… Read more »

EDITOR’S COLUMN: BEING READY FOR THE BIG BREAK

One of my favorite magazines is Men’s Health. If I were a business owner, I’d buy a subscription to Men’s Health or Women’s Health for every one of my employees. In a recent issue, 24-year-old center-fielder for the Boston Red Sox, Jacoby Ellsbury, was interviewed about breaking into the big leagues in a big way…. Read more »

RECORDS MANAGEMENT FOR DISASTER PLANNING

Proper records management is one of the most crucial elements in disaster planning. The ability of your company to retrieve critical documents and data after a disaster will greatly affect the financial cost of recovery. In extreme cases, the inability to recover critical records might put your business out of business. From a disaster-planning perspective,… Read more »

ARE MULTI-YEAR POLICIES A GOOD CHOICE?

Although multi-year insurance contracts aren’t new, they’ve been garnering much interest lately as a way to lock in current beneficial terms, conditions, and pricing, together with more efficient use of policy limits. Entering into a multi-year policy can help build long-term relationships with your insurer and us, your agent, because long-term commitments tend to be… Read more »