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Employment Law

Accommodations: Use the courts’ simple factors to decide if a job function is really essential

02/09/2010

It’s up to employers to determine which job functions are essential and which are not. When a disabled employee challenges an employer’s list of essential functions, courts generally won’t second-guess the employer if the list of functions passes muster against a few simple guidelines. When deciding whether job functions are essential, courts consider these factors:

First time hiring member of protected class? Have legitimate rationale before terminating

02/09/2010

When you hire someone, you have presumably concluded that the new employee has met at least the minimum requirements for job success. Of course, sometimes that turns out to be wrong. But think twice if you’re tempted to fire an employee who isn’t working out, and that person is your first-ever employee belonging to a particular protected class.

On the other hand, sometimes quick termination works, too

02/09/2010

Sometimes you realize early on that a recent hire is not going to work out. He may have looked good on paper, but isn’t doing well on the job. It may then be time to cut your losses.

Vets entitled to same job, not necessarily same location

02/09/2010

Employees who are called to active military service have certain job protections, including the right to return to their old or similar jobs. But those rights have limits. The law doesn’t require reinstating a veteran to her old job at the same facility where she worked before if the employer no longer has jobs there.

Firm skids on ICE, eventually collides with EEOC

02/09/2010

Things started out rocky last November for American Building Maintenance (ABM), a nationwide janitorial services conglomerate, when ICE agents busted it for employing 1,200 undocumented workers. Bad turned to worse in January when the EEOC filed a complaint against ABM, alleging race discrimination against black workers hired last fall through a nonprofit Minneapolis employment agency called Emerge.

It’s tough in the trenches

02/09/2010

The owner of a Hermantown construction company observed one of his workers in a trench performing his job incorrectly. So to get his attention, he nudged him … with the backhoe. The owner was charged with second-degree assault.

Spring cleaning: Give employee handbook a thorough going-over

02/09/2010

Because employment laws and your business are in a constant state of flux, it’s critical to keep your personnel policies up-to-date. As spring approaches, one item on every HR professional’s spring cleaning list should be a review of the organization’s employee handbook. In light of recent legal changes, be sure your policies include these updates:

Can we split a shift to avoid overtime?

02/09/2010

Q. We have an employee whose job requires her to perform check-in tasks for about an hour at the beginning of the day. She is then needed to perform certain check-out tasks eight hours later at the end of the day. During the remainder of her workday she performs various administrative services. To manage her time and avoid overtime, we began asking her to take an extra hour break during the middle of the day. She says she doesn’t want to take this additional break. Can we require her to take the additional breaks so that we don’t have to pay her overtime?

What are the basics of complying with the new Genetic Information Nondiscrimination Act?

02/09/2010

Q. I read the article last month (“Follow 5 steps to make sure GINA doesn’t trip you up”) regarding the recent passage of the Genetic Information Nondiscrimination Act. What should we do to make sure that we are not violating this law?

Is English-only OK? We can’t understand what Hispanic workers are talking about

02/09/2010

Q. We have a number of Spanish-speaking employees. We can’t tell, but we suspect they sometimes make inappropriate comments in Spanish about our clients and other employees. Can we require these employees to speak only English when at work?