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Employment Law

Can we institute blanket ban on smoking on company property?

03/26/2009

Q. We run a carry-out/catering kitchen. Can we legally tell all our employees and customers that they can’t smoke on the property?

‘Overqualified’: Legit phrase or lawsuit bait?

03/26/2009

With unemployment at its highest level since 1983, many applicants have far more experience and education than the job requires. But be alert: Advise hiring managers to avoid using the term “overqualified” in front of job candidates or in any written description of them. Rejected applicants could view the term as an age-related code word, thus sparking an age discrimination lawsuit.

AIG isn’t the only employer with bonus problems!

03/24/2009

If, like many employers, you rely on a bonus plan to help retain valued employees and motivate them to work hard, don’t get caught in this common trap: Employees who worked overtime during the bonus-earning period will be entitled to additional overtime pay after they get their bonuses.

Feds publish more details on new COBRA subsidy, notices

03/24/2009

Confused about the 65% COBRA subsidy provision that was included in the big federal stimulus package approved in February? You’re not alone. In an effort to clarify things, the IRS has published new information on its web site to help employers claim the credit for COBRA medical premiums they pay for former employees.

DITO DITA … Do It To One. Do It To All

03/24/2009

Do you sometimes let employees bend company policy … just a little? It’s really no big deal, right? A new court ruling warns that if you start bending a policy for one, you’d better be ready to bend it for all. Being flexible can sometimes be fatal.

The HR I.Q. Test: April ’09

03/24/2009

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Offering a job? Do it the legal way

03/24/2009

When it comes to making job offers, your hiring managers could be inadvertently locking your organization into an employment contract with the new hire. It’s a common mistake, and only a few words can send you down the wrong path. Follow these six do’s and don’ts when offering a job:

What counts as ‘full time’ under federal law?

03/24/2009

Q. We mostly have 40-hours-a-week employees, plus a couple of 20-hour part-timers. One part-timer asked me what constitutes “full time.” I think she wants to work the minimum and still receive benefits. Is there a set cutoff for full-time work under the federal overtime labor law?

Working during FMLA leave: Should we stop it?

03/24/2009

Q. We have an employee in her third week of maternity-related FMLA leave who comes to work to check her e-mails, make some work calls, etc. How should we handle this? Could there be liability issues because there’s no doctor’s release yet?

Zero tolerance for tardiness: Legal but unwise

03/24/2009

Q. Our company’s owner is tired of tardiness and has instituted a new rule that says anyone who is tardy will be fired, no matter the reason. Recently, some people were tardy during a snowstorm when their train could not make it on time. We were told to fire them. What do you think?