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Employment Law

It’s time for a policy on employee Twittering

05/27/2009

Whether they’re shooting off their own “tweets” or just following others, employees using Twitter—the fastest-growing social networking site—are creating liability and PR risks with their 140-character rants, raves and company gossip.

Feds shift target of immigration enforcement to employers

05/27/2009

The Department of Homeland Security announced last month it is shifting its immigration enforcement efforts to target employers that hire undocumented workers, rather than targeting the workers. The new emphasis should put employers on notice to pay close attention to their employment eligibility verification processes. Failing to comply can carry a high price.

How to legally handle chronically late workers

05/27/2009

Employers expect employees to get to work on time. Occasional problems with traffic or family issues sometimes make employees late. But chronic tardiness is another thing altogether. While most employers track tardiness occurrences, they should do more. How?

The $10 million ‘manager from the past’: Teach bosses the risk of age-related remarks

05/27/2009

If you need more incentive to persuade supervisors to stop making negative comments about employees’ ages, consider this: A jury recently awarded a fired employee more than $10 million in punitive damages for age discrimination after what may seem like fairly insignificant ageist talk.

Investigation results don’t have to be accurate—just honest

05/27/2009

When HR investigates discrimination complaints, you don’t have to act like a court of criminal law, deciding whether an employee is telling the truth “beyond a reasonable doubt.” So don’t feel paralyzed if a discrimination investigation boils down to one employee’s word against another’s. Use your best judgment to decide who is telling the truth and go with that judgment.

Lessons from the Courts: June 2009

05/27/2009

You don’t have to tolerate foul language … Customer gripe caused firing? Get it in writing … Ledbetter Act already spurring more pay cases … Track when you notify worker of firing … No signature? Settlement may still be binding.

New COBRA subsidy available in cases of ‘involuntary termination’: What does that mean?

05/27/2009

Under the massive new federal economic stimulus law, the American Recovery and Reinvestment Act of 2009 (ARRA), employees who suffer an “involuntary termination” have to pay just 35% of the cost of COBRA continuation health care coverage. But what does “involuntary termination” mean?

Feds delay start date for E-Verify, ‘red flag’ rules

05/27/2009

The federal government has announced a delay in the implementation date for two regulations that affect employers: using the online E-Verify system to check the work eligibility status for new hires and having a written plan to detect and mitigate identity theft of consumers’ data.

Employers must record at-work ‘horseplay’ injuries

05/27/2009

If your organization is required to keep track of employees’ injuries, take note of a new OSHA interpretation letter. It confirms that injuries suffered at the workplace as a result of “horseplay” and certain other nonwork-related activities must be recorded in OSHA logs, as long as the injury meets regular recording criteria.

Firing after FMLA leave: How soon is ‘too soon’?

05/27/2009

An employer fired a worker just six weeks after she returned from FMLA leave. Six weeks is like a nanosecond on the retaliation stopwatch. But the court still dismissed the case. Why?