Michael Fox

Q. Can you give me a rundown on the “card check” law everyone is so afraid will transform labor-management relations?

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Q. I recently heard that employers must now use a new I-9 form for new employees. Is this true?

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Q. Our company just received a citation from the U.S. Occupational Safety and Health Administration. The proposed penalty is only $120. Is it worth getting a lawyer involved, or should we just go ahead and pay the fine?

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Q. May an employer include language in its sexual harassment policy imposing discipline on employees who bring false claims of harassment?

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Q. To accommodate out-of-state applicants, we want to conduct medical exams when workers interview on-site for jobs. The test results would be sealed and would be reviewed only if an applicant were offered and accepted a conditional offer of employment. This would reduce the number of trips an applicant would have to make before starting work. Would such an arrangement violate the ADA?

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Q. I am the HR manager of a company with about 350 employees. I have just learned that the company is eliminating one product line and, as a result, there will be a layoff in that department. One of the employees who would be laid off is on FMLA leave. How do I handle this situation? …

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Q. How do we handle an employee who is on an indefinite leave of absence and does not know when he will be able to return to work?

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Q. One of our employees recently developed a condition that makes it difficult for her to perform the essential functions of her job. She has asked to be transferred to a job she can perform. Are we obligated to do this?

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Q. We are closing one facility and laying off a large number of workers. In lieu of immediate layoffs, however, we want to temporarily transfer some maintenance employees from another facility 800 miles away. They have agreed to perform this work, which will take about three months. Do we have to pay them for the time spent traveling to the new work location, which will occur over a weekend?

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Q. The Department of Labor’s form for the Employer’s Response to Employee Request for Family or Medical Leave (WH-381) inquires whether the worker is a “key employee.” How should I mark those boxes? I consider most of our workers to be key employees, and I do not want to offend anyone by suggesting that they are not.

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