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

Employment Law

Labor Dept. draws battle lines in the great FMLA fight

09/01/2007

Chances are your employees are happier with the 14-year-old FMLA than you are.  A new U.S. Labor Department report says employees would like to expand the law to create longer leaves and paid leaves. But employers argue that the law’s vague wording (and employees’ ability to play games with FMLA) create legal and productivity nightmares. Here are the main problems employers have with the FMLA, according to Labor’s report …

Save on tuition aid by managing colleges like vendors

09/01/2007

Tuition-aid budgets currently account for 10% to 12% of overall training costs, says Jeanne Meister, a corporate learning consultant and former vice president of market development at Accenture Learning. “That (increase) could grow out of proportion unless employers put the brakes on and manage tuition assistance,” says Meister. “It will be a big issue in five years.”  Here are six practical tips to help you manage tuition-assistance programs like your vendor relationships …

Will pregnancy become a ‘Super-Protected’ class in Ohio?

09/01/2007

Employees seeking relief from on-the-job discrimination on the basis of their race, sex, age, national origin or religion can typically pursue their claims under federal law, Ohio law (Ohio Revised Code Section 4112.02) or both. In most cases, it doesn’t matter whether the employee sues under state or federal law—the court will apply the same cases and reasoning. The same is not true in pregnancy discrimination cases. That’s because the Ohio Civil Rights Commission interprets pregnancy discrimination quite differently than does its federal counterpart, the EEOC …

Nondisabled workers earn ADA protection, too

09/01/2007

Q. I know the Americans with Disabilities Act (ADA) gives disabled employees special rights. But I read that the law also extends to employees who aren’t disabled. How is that so? —N.L. …

Are Waivers a Cure-All for Employee Lawsuits?

09/01/2007

Q. Is obtaining a legal release from an employee in exchange for severance pay guaranteed to prevent any legal action by that person? —J.S. …

Best bet: Always investigate hostile environment claims

09/01/2007

You’ve heard a rumor that one of your employees is looking for or has already accepted another job. Then you call him into a meeting to discuss the matter. You ask whether the rumor is true. That’s when the employee admits the job hunt, but hits you with the reason: He claims the work environment is so hostile that he has no choice but to look. What’s your next step? Do you fire him since he’s looking for other work? Or do you tell him you will investigate his claims and then follow up? …

NYSHRL assigns personal liability to those who harass

09/01/2007

Having trouble finding the best way to explain to employees that it’s in their best interest to maintain a harassment-free environment? Try this persuasive sentence: Co-workers who participate in discriminatory conduct can be held personally liable for damages. Or explain it this way: If co-workers name-call, harass or otherwise discriminate against another co-worker, their assets—house, car and personal possessions—are on the line …

Instruct supervisors: No work before official hire date

09/01/2007

Make sure all supervisors who have direct contact with job applicants understand this simple rule: No new employee performs any work until HR approves the hiring and provides a start date. Otherwise the applicant’s time spent “working” may become the basis for a Fair Labor Standards Act (FLSA) claim. Then, it will be your word against the applicant’s as to how many hours he or she actually worked …

Personality clash? Don’t automatically transfer complainer

09/01/2007

Employees who complain of harassment may actually be experiencing a personality conflict. Circumstances that lead someone to see harassment based on race, disability or gender may be nothing more than the result of difficulty getting along with others. If your internal investigation reveals no real discrimination, you may be tempted to move the feuding parties as far away from each other as possible. But that may backfire, especially if the person you transfer is the one who complained of discrimination in the first place …

Provide training when promoting into management ranks

09/01/2007

When promoting someone from the rank-and-file to first-level management, be sure to provide harassment and discrimination training. Here’s why: If the employee you have selected as a supervisor has a hidden history of discriminatory behavior, you’ll want to make sure that’s all in the past …