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

Employment Law

What is the employee’s responsibility to notify us she needs FMLA leave?

04/14/2009

Q. We received a note from an employee’s physician simply stating that she was ill. On one occasion, she had to go to the emergency room from work, and she subsequently called in sick one day about a month or two later. Is this sufficient notice under the FMLA to require us to regard this as a request for extended FMLA leave?

Check overtime, other pay practices: DOL cracking down after scathing report

04/14/2009

The U.S. Department of Labor’s Wage and Hour Division is preparing to crack down on employers who stiff workers out of overtime pay after a government uncovered a pattern of ignoring alleged employer wrongdoing. As enforcement gears up, we’ve got resources you can use to make sure you’re in compliance.

Don’t let counterclaim stop investigation

04/09/2009

It’s fairly common for someone accused of sexual harassment to counter that, in reality, he was the one who was being harassed. Then he gives HR a detailed complaint and a lengthy list of people to interview. Don’t let this tactic dissuade you. Instead, complete your investigation just as you would any other.

Beware the fickle judgment of jury trials

04/09/2009

Because juries are notoriously unpredictable, most attorneys advise doing everything possible to avoid jury trials. Even so, juries often wind up deciding employment law cases because of the subtlety of the issues involved. In the following case, the Minnesota Court of Appeals sent a case to trial so a jury can decide whether taking away an employee’s telecommuting opportunity might be retaliation.

Lost in translation: Remind foreign managers about U.S. age discrimination laws

04/09/2009

Discrimination at work is perfectly legal in some countries, and foreign-born managers and executives who work for U.S. employers may sometimes say things that show ignorance of U.S. laws. Those words can come back to haunt an employer that is sued for age discrimination.

Unequal performance standards shout—not whisper—disability discrimination

04/09/2009

Treating disabled employees differently than others raises all kinds of red flags that disability discrimination may be afoot. For example, setting higher standards for disabled employees than you do for others is a surefire way to end up in front of a jury, as the following case shows.

Carefully word draw-against-commission contracts—or be prepared to lose money

04/09/2009

If you pay employees on a commission basis and allow them to draw against those commissions, be very careful how you word the contract language. If you don’t specify that employees must repay any draws they do not earn back with commissions, they won’t have to.

Franchiser not liable for franchisee employees’ safety

04/09/2009

If your company franchises operations in Minnesota, you probably aren’t responsible if a franchisee’s employees are injured—even if you conduct an annual safety inspection.

Changed work schedule isn’t workers’ comp retaliation

04/09/2009

A minor schedule change to accommodate medical restrictions isn’t retaliation.

Managing employee privacy: 6 steps to protect employer rights

04/09/2009

For more than a decade, Minnesota courts have recognized a person’s right to privacy. Most employers are aware that this right extends to the workplace, but many still run into potential employee-privacy trouble. But with some upfront planning and consideration, HR professionals can help their organizations avoid privacy pitfalls and still protect their interests.