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

Employment Law

Employees destroyed evidence? You can use it against them

04/15/2010
Most employers know they aren’t allowed to destroy evidence (including e-mail, other electronic communications and records) when a lawsuit is imminent. But what about when an employee who is about to sue the employer destroys evidence? Employers can use that destruction to their advantage in a lawsuit.

Don’t pile on reasons for firing; you’re spoiling for retaliation fight in court

04/15/2010

Let’s say you’ve got one very good reason to fire an employee, plus several other halfway decent reasons. Why not wrap them all into one big package of employee shortcomings when it comes time to show her the door? Because such overkill could play badly in court if the dismissed employee ever sues you.

Understand the fine line between an exempt professional and nonexempt technician

04/15/2010
To save on overtime costs, employers often try to shoehorn employees into Fair Labor Standards Act exemptions. That can be a potentially devastating mistake. This square-peg-in-a-round-hole problem often occurs when employers try to fit employees into the FLSA’s professional exemption.

EEOC settles bias suit involving Jehovah’s Witness, dress code

04/13/2010
Alliance Rental Centers recently agreed to pay $21,500 to settle an EEOC religious discrimination suit brought by a former employee whose religious beliefs kept him from complying with the company’s dress code. The conflict emerged when Tyler Templeton, who worked in the company’s Bridgeport Aaron’s Rents store, refused to participate in the “Red Shirt Friday” program in which employees wore special shirts to show support for the U.S. military.

Changes in benefits? Make sure employees on military leave get written notice, too

04/13/2010
Employers that change their disability or other benefit plans know to inform their employees about those changes. But what about employees on military leave? Make sure they get notice, too.

With Obama’s appointments, a new course for NLRB?

04/13/2010
President Obama in late March announced the recess appointments of attorneys Craig Becker and Mark Gaston Pearce to fill two vacancies on the National Labor Relations Board. That broke a more than two-year-old NLRB logjam—and reignited worries that the board will now tilt heavily in favor of unions.

Beware retaliation charge following transfer

04/13/2010

Employees who are transferred to other positions after complaining about discrimination could end up collecting big from their employers. That’s true even if the transfer doesn’t result in a base pay cut or lost benefits. Reason: The law lets juries punish employers for retaliation based on factors such as lost prestige, overtime pay and other, less tangible benefits.

No need to create job for disabled employee

04/13/2010

What should you do if an employee becomes disabled and can’t perform the essential functions of his job under any circumstances? The employee may be entitled to a transfer to another position—if one is open and the employee is actually qualified for the position. But you don’t have to move employees around to create an opening.

To pay or not to pay interns? The feds are cracking down

04/13/2010
With fewer real, paying jobs available to young people, the number of unpaid internships is on the rise. Now the U.S. Department of Labor and many state labor departments (including California) are stepping up enforcement against employers who illegally use internships for free labor. Here’s how to stay on the right side of the law.

Pros and cons of creating applicant ‘blacklist’

04/12/2010

Employers typically don’t want to hire applicants who haven’t succeeded elsewhere. So they sometimes create a blanket “no-hire” rule for applicants who aren’t eligible for rehire by their former employers. Such a policy can give you cover against possible retaliation complaints. But if you’re tempted to draft such a policy, be careful: Make sure you enforce the rule uniformly.