Sometimes the school teacher refrains, “everyone be quiet” or “back to your corners” can feel like an excellent tool for managing employees. However, there are some pitfalls to be aware of when you ask your employees to avoid certain topics of...By: Davis Brown Law Firm
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Q: Is FMLA 480 hours under every circumstance? A: No, the FMLA uses something called the fluctuating work week. If an employee is normally scheduled 40 hours then it’s 480....By: Davis Brown Law Firm
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Q: My employee tells me the doctor will charge her $50 to complete an FMLA certification. Do I have to pay that?...By: Davis Brown Law Firm
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Lawyers love to follow the intricacies of litigation - we read the court decisions and follow matters through trials like some follow the latest happenings in their favorite TV drama. CRST Van Expedited v. EEOC - From the start, the case has been...By: Davis Brown Law Firm
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Q: How long does an employee have to return FMLA certification? A: The employee has 15 calendar days to return medical certification to qualify for FMLA unless with “diligent” and “good faith” efforts the employee cannot do so....By: Davis Brown Law Firm
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Q: Does OSHA have specific reporting requirements for a death? A: You must report to OSHA any work-related deaths within eight hours....By: Davis Brown Law Firm
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Q: If my employee comes to work sick and passes out due to the flu, is that OSHA? A: In addition to covering fatalities, hospitalizations, and injuries requiring more than first aid, OSHA does require that you record loss of consciousness....By: Davis Brown Law Firm
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Q: If I am designating an employee as a key employee under the FMLA, can I just fire them on the first day of leave? A: No, the FMLA allows key employee designation (exempt, top 10% of earners), but it only allows denial for reinstatement not...By: Davis Brown Law Firm
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Q: What can I ask about in a pre-employment physical? A: The ADA requires that any substantive health inquiry happen post contingent offer. You are limited to items that are relevant to job performance....By: Davis Brown Law Firm
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Q: In a world where you can get measles at Disney World, can I ask my employees if they have been vaccinated? A: This inquiry is generally part of a pre-employment physical for certain occupations or industries, such as healthcare, where you are...By: Davis Brown Law Firm
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