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Employment Law

Federal contractors: Heed the government’s new test for pay discrimination

10/17/2008

If your organization benefits from federal contractors, familiarize yourself with the new “tipping point test” of the Office of Federal Contract Compliance Programs (OFCCP) …

Change your computer passwords often: Study casts suspicious eye on departing IT staff

10/17/2008

Exercise extreme caution when terminating employees with knowledge of your IT systems. More than eight in 10 IT security professionals admitted that, if laid off tomorrow, they’d take valuable and sensitive company information with them, according to a new Cyber-Ark Software survey.

Can you be personally sued for an FMLA mistake?

10/17/2008

Lawyers believe two pockets are better than one. That’s why, whenever possible, they’ll try to sue both the employer plus the supervisor (or the HR director!) who made the alleged employment law mistake. That means the supervisor’s home and nest egg could be at risk …

Nix the nicknames or ‘Grandma’ will get even

10/17/2008

Every workplace has managers who love to hand out nicknames to employees and co-workers. It’s all good fun until an employee in a protected class—age, sex, race, religion, disability, etc.—takes offense …

Firing a ‘That’s not in my job description’ complainer

10/17/2008

Q. The owner of our company recently fired an employee who refused to run a business-related errand. The employee said running errands wasn’t in his job description. Can he sue us for wrongful termination? …

Run FMLA leave concurrent with other leaves

10/17/2008

Q. One of our employees will be out for medical treatments for four to six weeks. He doesn’t want to use FMLA leave, just his accumulated sick and vacation days. We’re afraid he’ll use them up and then demand 12 weeks’ FMLA leave. Can we make him use FMLA leave first? …

Can we terminate employees on workers’ comp?

10/17/2008

Q. We have two employees who went out on workers’ compensation leave and never came back. They’re still listed as employees. Can we lay them off? …

Can we require workers to pay for their uniforms?

10/17/2008

Q. We’d like our retail staff to wear uniforms. Can we charge them for the uniforms? …

Connecticut becomes third state to recognize same-sex marriages

10/14/2008

By one vote, the Connecticut Supreme Court ruled that the state’s law requiring same-sex couples to enter into civil unions rather than marriages was unconstitutional. Connecticut now becomes the third state—after Massachusetts and California—to recognize same-sex marriages. Connecticut employers must now alter their employment policies and benefits to match the patchwork of federal and state laws that this decision creates.

Fire away if severance demands are unreasonable

10/14/2008

Wise HR professionals understand that, before jumping the gun and firing an employee who has filed a complaint, a thorough investigation is in order. But that’s when many employees try to negotiate a severance package in exchange for a resignation. If the investigation and negotiations drag on, can you discharge the employee for making what you consider unreasonable demands? …