Family
and Medical Leave Act
The FMLA requires
employers with over 50 employees to provide unpaid leave to employees who need
to care for a spouse, child, or parent suffering with a serious medical
condition.
The employee cannot be terminated
for taking leave under the policy, and has the right to restoration to the same
or a similar position upon return to work.
Employee
Privacy Rights
More than 2/3 employers use some
sort of electronic monitoring of employees.
Laws Protecting Employee Privacy
Rights.
§ Constitutional
and Tort law.
§ ECPA
Privacy and Email Systems.
§ Smith v.
Pillsbury
(1996).
Other
Types of Monitoring
Lie Detector
Tests.
§ Prohibited,
except under the ongoing investigation exception.
Drug Testing.
§ Most government
employees are subject to testing and the rights of private employees vary from
state to state.
AIDS Testing.
§ Some state
statutes restrict AIDS testing.
Electronic
Performance Surveillance.
§ Most limitations
can be avoided if the employer informs employees that surveillance will occur.
Screening
Procedures.
§ Application
question must have some reasonable connection to the job sought.
Employment-Related
Immigration Laws
The Immigration Reform and
Control Act prohibit the hiring of illegal aliens.
The Immigration Act of 1990
limits the number of legal immigrants into the U.S.