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

Employment Law

Not all workplace affairs create a hostile environment

08/01/2007

While they may make other employees uncomfortable and probably shouldn’t be encouraged, affairs between co-workers (or even between supervisors and subordinates) don’t always mean the rest of the work force is laboring in a hostile work environment …

Strong ‘No violence’ policy relies on enforcement

08/01/2007
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Medical assessments should stick to the job, not generalities

08/01/2007

If the ability to perform certain physical tasks is absolutely essential to one of the jobs in your workplace, tread carefully when it comes to medical evaluations. The ADA makes it illegal to “regard” persons as disabled …

As the employer, it’s up to you to prove overtime exempt status

08/01/2007

Under California law, employees are entitled to overtime payments unless the law exempts them from protection. But It’s up to employers to justify each exemption they claim …

Wrongful termination scores $329,000 for Sonoma State coach

08/01/2007

A California jury has awarded more than $300,000 to a former Sonoma State University softball coach who claimed that she was wrongfully fired ….

Don’t fire for FMLA absence, even with attendance problems

08/01/2007

Because the FMLA is an entitlement law, employers can’t interfere with emplolyees taking leave. But what about a chronically absent employee whom you’ve given one last chance? Do you have to sort out whether that final absence is covered by the FMLA—even if you could have fired him or her for absenteeism before? The answer is unequivocally “yes” …

Investigation should consider all sides of the story

08/01/2007

Not every allegation of sexual harassment is well-founded, and some employees may be overly sensitive. That’s why your investigation should consider all sides, including the alleged victim’s reaction and treatment of the alleged harasser. As the following case shows, a thorough investigation may reveal that the problem is with the alleged victim’s perception and his or her response to the alleged harassment …

No employer duty to provide ‘Perfect’ accommodation

08/01/2007

Do you have a difficult disabled employee who seems to need constant care and attention and whose accommodations requests border on the ridiculous? Maybe it’s time to decide those requests are unreasonable. Here’s how to handle the situation …

Minor changes to working conditions don’t violate the FMLA

08/01/2007

While employees are off work on FMLA leave, things may change at the office. Work space may be realigned and reassigned, for example. But employers are obligated to return FMLA leave-takers to the same or an equivalent position after the leave expires. Does that mean the employee must get the same desk, office or location? Not necessarily …

Discipline for absences even if employee has disability

08/01/2007

Employees who take intermittent leave cause the greatest disruption in the workplace, according to comments received by the U.S. Labor Department on proposed revisions to the FMLA. That includes employees with disabilities who seem to need an inordinate—and unpredictable—number of absences. If you suspect abuse, don’t jump the gun …