• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Compensation & Benefits

Think twice before firing workers’ comp applicant

03/12/2009

Minnesota employees are protected from being fired in retaliation for filing a workers’ compensation claim. That means employers have to think twice before discharging such an employee for anything but the most solid reasons.

Minneapolis fireman fights insurance rules, too

03/12/2009

In his 25 years on the Minneapolis Fire Department, Thomas Davison fought a series of debilitating health conditions along with the fires he helped put out. He also had to fight the department to obtain health benefits.

Legislative auditor calls for workers’ comp ombudsman

03/12/2009

Minnesota’s Office of the Legislative Auditor claims Minnesota workers’ compensation insurers underpaid benefits by about $3 million last year. An auditor’s report charged in February that insurers frequently reject legitimate claims.

How long do we need to hold job for employee out for workers’ comp injury?

03/12/2009

Q. Is an employer required to keep a job open for an employee who is out on an indefinite leave due to a workers’ compensation injury? Does the employee have an automatic right to get put back into the same job he was doing right before he was injured?

Your FMLA obligation ends with forms and notice

03/12/2009

Employers have to let their employees know about the FMLA so they can take advantage of the leave guaranteed by the law. But if an employee doesn’t take advantage of his FMLA rights, the employer can’t be held liable for not providing leave even if it turns out the employee was eligible.

Place employee on ‘provisional’ FMLA leave while seeking 2nd, 3rd certifications

03/12/2009

Employers don’t have to blindly accept their employees’ medical certifications. The FMLA allows you to get a second opinion about whether an employee’s request qualifies for leave … If the two certifications don’t agree, you can get a third and final certification to break the tie. But what happens during the interim?

Courts crack down on FLSA collective actions

03/12/2009

For several years now, lawyers have been trying to create collective actions by finding one or two angry employees who think they were wrongly classified as exempt employees and therefore entitled to overtime pay. By pairing two or more cases, attorneys try to turn simple litigation into expensive collective-action claims. Now some federal judges are rethinking those cases—and it’s good news for employers.

First law Obama signs opens door to more pay discrimination claims

03/12/2009

The first bill signed into law by President Obama significantly expands employers’ exposure for possible claims of discriminatory pay. It’s too soon to tell whether the Lilly Ledbetter Fair Pay Act represents the beginning of a new wave of pro-employee legislation. But in and of itself, the law represents a significant development of which careful employers need be aware.

Unions at your doorstep: The ABCs of EFCA … and how to respond

03/11/2009

Let the battle begin. On March 10, The Employee Free Choice Act, commonly referred to as the “card check” bill, was introduced in Congress. It’s the top legislative priority of labor unions. If passed, EFCA would streamline the process of union organizing, tilting it substantially in favor of workplace unionization. Union-free employers should consider acting now to keep their operations union-free. Here are the action steps to take today …

Advantage for tough times: Creating a company that cares

03/09/2009

Organizations that are perceived as caring companies typically look out for their employees and the communities where they do business. During hard times, then, companies that care tend to do whatever they can to keep their employees on their payrolls. Simply put, they respect the fact that employees need their jobs.