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Employment Law

Must you pay hourly staff for BlackBerry time?

07/17/2008
The answer isn’t clear, as ABC News recently learned. The media company said nonexempt writers wouldn’t be paid for those minutes spent checking their office-issued BlackBerry devices after regular work hours. But their union objected …

Update your poster to reflect new minimum wage

07/17/2008
Effective July 24, the federal minimum wage is now $6.55 per hour. That will increase again on July 24, 2009, to $7.25 per hour. If you haven’t already done so, make sure your posters are up-to-date and reflect the new figure …

Using FMLA leave to build a porch: Can that be legal?

07/17/2008

Have you ever approved FMLA leave for an employee’s medical ailment but had a sneaking suspicion the time would be spent on more than bed rest? If you discover “creative” uses of FMLA leave, be careful not to pull out the “You’re Fired!” finger too quickly or you may find yourself in the center of an FMLA retaliation lawsuit …

The HR I.Q. Test: August ’08

07/17/2008
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Same-sex marriage: What the trend means for employers and HR

07/17/2008

No federal law mandates that employees who are in state-sanctioned same-sex unions must receive the same employee benefits that heterosexual married couples receive. But the writing is on the wall. And even employers in states that ban same-sex unions may find themselves targeted by advocates for greater benefits … 

Can the DOL contact our former employees?

07/17/2008
Q. We’re in the middle of a U.S. Department of Labor audit. Investigators are looking at payroll records for the past two years. Now they want the names, addresses, phone numbers and positions of all employees who left within the past two years. Do they have the right to this information? Can they go back two years? — D.G., Rhode Island …

Post-childbirth FMLA leave: Taken in two parts?

07/17/2008

Q. One of our employees recently immigrated to the United States. She is pregnant and told us she plans to take eight weeks’ FMLA leave immediately after the child is born. A few months later, she’d like to return to her home country to visit family for a month. In other words, she wants to split her FMLA leave into an eight-week period and a four-week period. Can FMLA leave for a new child be split up in this fashion?

Retaining Old Org Charts: Why … and for How Long?

07/15/2008

Memories fade and employees come and go. That’s why it’s crucial for HR to keep certain records for future reference. Among these records are organizational charts showing who had supervisory and other authority over other employees. Why? Lawsuits over lost promotions or firings can take years before they actually go to trial …

Tell employee as soon as you make decision to terminate

07/14/2008
Do you let employees know they will lose their jobs as soon as the final decision has been made? Or do you wait until near the effective date? If there’s no other reason for delaying the notification (e.g., you fear the employee will retaliate by destroying records or stealing secrets), tell employees right away. Here’s why …

Investigate even when employee complains belatedly

07/14/2008

When it comes to reporting sexual harassment, employees have an obligation to use their employer’s complaint process, even if doing so may be uncomfortable. If they don’t, they may lose the right to sue for a hostile work environment. But what happens if an employee has tolerated mild harassment for years without complaining? …