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Employment Law

Immigration compliance issues and changes to track in 2009

01/15/2009

Employers have a number of immigration compliance issues to track in 2009, affecting the Employment Eligibility Verification Form I-9, business travel, no-match letters and employment authorization documentation.

The $640 million question: Do you know how to comply with the FLSA?

01/13/2009

Oops! Wal-Mart’s paying the largest settlement ever for Fair Labor Standards Act (FLSA) violations—a whopping $640 million! Even small employers can be liable for huge penalties if they violate the wage-and-hour law. That’s why HR Specialist’s upcoming Labor and Employment Law Advanced Practices Symposium features a session titled “Wage & Hour Litigation Rages On—The 10 Most Common Mistakes (and How to Avoid Them)." Meanwhile, here’s a primer on FLSA compliance.

OK to let divisions set own promotion criteria

01/13/2009

Having similar-sounding titles and rates of pay  doesn’t necessarily make positions interchangeable. That’s what one employee who was turned down for a promotion in her division learned when she sued for alleged race discrimination.

Keep solid records to show FMLA eligibility

01/13/2009

Employees who have worked for their organizations for more than one year total and have worked at least 1,250 hours in the 12 months preceding their need for FMLA leave are eligible for unpaid FMLA leave for their own serious health condition or that of a relative. If employees haven’t reached 1,250 hours, they’re not eligible. That’s why it’s important to track every hour worked.

Gulf Beaches librarians allege bias among the bookshelves

01/13/2009

Jan Horah, a former director of the Gulf Beaches Public Library, and Harriet Thompkins, a former assistant director and reference librarian, have threatened lawsuits challenging their terminations. The women, who are black, claim they were terminated abruptly in November in violation of their contracts.

Make sure ‘executive exemption’ fits, or you could be liable for huge FLSA damages

01/13/2009

Don’t make one of the most common mistakes HR managers do when classifying employees as exempt—by relying on the so-called “executive exemption” for employees you call managers and supervisors. Unless you can back up your claims with solid proof, your organization could be on the hook for an expensive jury award.

Watch out for rogue managers who bring hidden biases to hiring, promotions

01/13/2009

If the workplace rumor mill tells you that one of your managers or supervisors may harbor antiquated ideas about equality, watch out—especially if he or she has any input into hiring and promotion decisions. Instead, investigate the rumors and take a look at past hiring practices.

Clamp down on teasing to stop hostile environment suit

01/13/2009

Unless it’s egregious and outrageous (something like a clearly racist epithet or a dangling noose), a one-time derogatory comment likely won’t become the foundation for a hostile environment lawsuit—if you take immediate steps to stop any escalation.

Review all options for disabled worker seeking accommodation

01/13/2009

Employees with disabilities may be entitled to transfer to open positions that they are qualified to hold. Remember, that means jobs they could do with or without an accommodation.

If you’re well enough to steal, you’re well enough to work

01/13/2009

Michael Villafana, a registered nurse at the Highland Pines Nursing Home in Clearwater, Fla., called in sick the day before Thanksgiving. Then he allegedly showed up at work later that day—to rob the place.