What Should Employers Do When Workers Exhaust FMLA Leave? When employees exhaust their leave under the Family and Medical Leave Act (FMLA), they may want to return to work or take additional leave. Here are some tips to help employers manage the return-to-work process and decide, if applicable, if providing more leave is appropriate. Eligible […]
What Should Employers Do When Workers Exhaust FMLA Leave? Read More »
An employer’s dealings with the EEOC typically stem from an administrative charge filed by a current or former employee. However, businesses are sometimes hit with an unexpected, nettlesome, and costly surprise: an EEOC third-party subpoena. The EEOC has the power to issue subpoenas to third parties, meaning it can order them to produce documents and
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S BROAD THIRD-PARTY SUBPOENA POWER Read More »
Unfortunately, it seems that incidents of workplace violence are becoming more and more common these days. While a company can never fully protect itself from such incidents, having a comprehensive workplace violence plan in place, and disseminating it to employees, may help prevent many such incidents. While such a plan should be carefully
THREE THINGS EVERY WORKPLACE VIOLENCE PLAN SHOULD CONTAIN Read More »
Creating an Anti-Discrimination/Anti-Harassment Policy, and regularly training your employees regarding the company’s policies and procedures, may be the single most important step you can take to protect your company against claims of unlawful employment practices. In order to be effective, the policy promulgated should (1) define and give examples of unlawful discrimination/harassment, (2)
TRAINING YOUR WORKFORCE ON DISCRIMINATION/HARASSMENT TO AVOID CLAIMS AND LIABILITY Read More »
It has long been settled that an employer may, in many instances, avoid liability under the State and Federal statutes governing employment discrimination and harassment if it has an effectively publicized and well-enforced anti-discrimination/anti-harassment policy. This is known as the “Faragher-Ellerth” affirmative defense, named after the United States Supreme Court decisions which articulated the