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Employment Law

OSHA suspects underreporting of work injuries; launches new audit program to find true numbers

10/29/2009

Certain employers are required to track and report their employees’ injuries and illnesses during the year, but OSHA believes it isn’t seeing the real picture. So the agency has begun a national enforcement effort to identify underrecorded and incorrectly recorded workplace injuries.

When workplace romance fizzles, watch out for discipline that looks like discrimination

10/29/2009

When co-workers involved in a romantic relationship break up, tensions can boil over in the workplace. And when an ugly situation creates a need for discipline, things get sticky for employers. Be wary of any discipline that targets just one of the former lovebirds. As the following case shows, doing so can lead to a sex discrimination lawsuit.

Must you pay for the commute? Sometimes, yes

10/28/2009

Q. One of our nonexempt employees is now working at a different location on Thursdays. This is a temporary assignment with no end date. It normally takes her 10 minutes to drive to work. But now she has to drive 90 minutes. Should she be paid for 1 hour and 20 minutes of travel time (subtracting her 10-minute normal commute)?

‘Get real’ with performance reviews; make sure managers don’t fluff them up

10/27/2009

Your supervisors have probably heard the horror stories of how negative performance reviews have sparked lawsuits from disgruntled employees. That could cause some supervisors to shy away from criticism and give excessively positive reviews to even their poorest-performing workers. The better thing to do is to urge your supervisors to “get real” with reviews.

Accommodating disabled employees: Updated DOL web site makes your job easier

10/27/2009

When employees say they’re having trouble completing their job duties because of their ADA-qualifying disabilities, employers are required to enter into an “interactive process” to find accommodations that allow them to perform the job’s essential functions. That’s where the newly updated, redesigned Job Accommodation Network (JAN) site can come in handy.

Can you muzzle employees who compare their paychecks?

10/27/2009

It’s no secret that employees gossip about pay. And it’s no secret that those conversations often cause resentment and tension in the workplace. Wouldn’t it be great if you could forbid employees from discussing compensation? Don’t even think about it until you’ve read this comprehensive guide to the requirements of the National Labor Relations Act.

Attempted suicide: Proof of disability … or grounds for dismissal?

10/27/2009

Effective HR pros often have to balance sensitivity and compassion with hard-nosed business realities. Never will that dichotomy be more severely tested than when an employee attempts suicide. Then you’ll have to consider the employee’s situation, ADA and FMLA rules … and your obligation to maintain an environment that’s safe for other workers.

Beware ‘front pay’ trap when job-seekers sue

10/27/2009

Employees you don’t hire can’t cause too much legal trouble, right? Wrong! In today’s tough economy, frustrated job-seekers are more likely than ever to sue. And if they sue for discrimination and win, courts are increasingly likely to award both back pay and lost future earnings …

Independent contractors can sue for race bias

10/27/2009

Unlike employees, independent contractors can’t sue under Title VII for alleged discrimination. But that doesn’t mean they don’t have legal options if they believe they’ve suffered race discrimination. The 3rd Circuit Court of Appeals has just concluded that an old Civil War-era law still outlaws discrimination in contracting.

More than 5,000 have used N.J. state paid family leave

10/27/2009

New Jersey is one of two states in the nation that offers paid family leave to workers. According to Gov. Jon Corzine’s office, the number of workers using the program passed 5,000 in September—not bad for a program that started July 1.