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Employment Law

Must vacation, sick leave be listed on pay stubs?

02/05/2010

Q. Our pay stubs currently list employees’ available vacation, sick and other leave hours. Our new software allows employees to log in and check that balance anytime. Can we eliminate that information from the pay stubs?

Quick settlements encourage more suits; sometimes you have to trust a jury

02/04/2010

Employers are often too eager to settle cases just to get out from under the possibility of a runaway jury. But caving in like that can make you a more tempting target for other employees. If you and your attorneys are convinced you didn’t do anything wrong, it may be best to trust a jury to hear the case and come to the same conclusion.

Annual checkup: Your top 10 employment law to-do’s in 2010

02/03/2010

As we enter a new decade, HR must pay more attention than ever to employment law issues. Reason: new laws taking effect, increased agency enforcement, more lawsuits spurred by a poor economy and an activist Congress. Here are 10 key trends and how to respond:

RIF? Make sure layoff decision-makers don’t know workers’ FMLA status

02/03/2010

Economic times remain tough, and businesses are still finding they have to cut costs to survive. And cutting costs often means looking at a possible reduction in force. In most organizations facing that difficult prospect, a team of managers has to decide where the cuts should be made and what criteria to use when making those cuts. Make sure the decision-making team doesn’t have access to information about FMLA usage …

Beware suspicious timing when taking action against employee undergoing medical treatment

02/03/2010

Here’s another good reason to meticulously track performance: If you end up firing or demoting someone without good documentation, you may end up in court. Bad timing alone could trigger a lawsuit if the employee engaged in some sort of protected activity just before the action.

In all promotion notices, include specifics about minimum job requirements

02/02/2010

It’s fairly common for promotion opportunities to attract lots of candidates—especially when the promotion offers a pay raise and the chance for additional job security. Don’t let that competition end in litigation. The best way to stay out of court: Be very specific about the minimum requirements candidates must meet to qualify for promotion.

Can I tell union organizers to hit the road?

02/02/2010

Q. If union organizers show up during the workday and demand to talk to my employees, can I tell them to get off company premises?

Exempt status: What counts as ‘discretion’?

02/02/2010

A simple mistake—wrongly classifying employees as exempt when they should be hourly—can easily balloon into a multimillion-dollar overtime lawsuit. Often, the trick is knowing which workers exercise enough discretion to be properly labeled administrative exempt professionals. Our exempt/nonexempt self-audit helps you make the call.

Anti-bias agency learns what it’s like to be sued

02/02/2010

The Minneapolis Department of Civil Rights, which investigates discrimination charges, has been sued over an allegedly negligent investigation.

8 questions help you make the contractor vs. employee call

02/01/2010

With the IRS beginning a nationwide crackdown on employers that try to dodge payroll taxes, now’s the time to make sure your workers are properly classified. Starting in February, IRS auditors began poring over the records of thousands of employers to root out organizations that try to cheat the system by calling workers contractors when they’re actually employees.