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

Employment Law

Temple’s nurse pool leads to labor headache

04/22/2009

The Temple University Health System will have to collectively bargain with a larger group of nurses following a recent Pennsylvania Labor Relations Board (PLRB) ruling.

Left behind: Consider RIF effects on your other employees

04/22/2009

Your business has crunched the numbers, considered the alternatives and come to the conclusion that layoffs are necessary if the business is to remain afloat during these challenging economic times. But how much thought have you given to your remaining employees who are about to watch their friends and colleagues lose their jobs?

How often can we request medical information from a chronically absent employee?

04/22/2009

Q. If an employee constantly calls in sick because of migraine headaches, how can we verify the real reason for the absences? Can we ask for information each time the employee is absent?

What are the privacy rules when searching an employee? We suspect theft

04/22/2009

Q. Can we open an employee’s personal space or belongings—such as her locker, purse or desk drawer—if we suspect she is stealing?

When an employee gets married, do we need new forms?

04/22/2009

Q. When employees get married, do we need new W-4s to show the new name? And do we need new I-9s?

How can we legally handle paychecks when employees use designees for pickup?

04/22/2009

Q. Once a year, we have employees show a picture ID and provide a signature that allows them to authorize someone else to pick up their paychecks for them. If an employee doesn’t provide ID and a signature, we will mail the check or hold it until he or she personally picks it up. Is this legal?

Train managers on new FMLA regulations

04/20/2009

New FMLA regulations went into effect in January. Now is an excellent time to offer everyone in management a refresher course in what the FMLA requires. If managers remain ignorant of the new rules—or the old ones still in place—you increase the risk that an employee will charge them with willful violations.

Banish any talk of old age, new blood

04/20/2009

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. Although the court has said the award should be lowered, the employee will still collect more than $6 million in compensatory damages.

Tell supervisors: Enforce attendance rules equally—or prepare for court

04/20/2009

If your organization uses progressive discipline to enforce your attendance policy, caution supervisors against making exceptions for some employees unless it’s clear the absence shouldn’t have been counted against them (for example, the absence was an FMLA-related reason or part of an approved ADA accommodation).

Beware behavior that ‘poisons the well,’ spawns discrimination lawsuits

04/20/2009

Poor attitudes among managers and supervisors can infect the rest of an organization, and courts are becoming more aware of the adverse effects of such so-called “poisoned wells.” As the following case shows, when higher-ups in the organizational hierarchy display signs of discrimination, those lower down may act on those signs.