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Employment Law

FMLA in a Nutshell: How to Comply With the Family and Medical Leave Act

05/15/2007
White Paper published by The HR Specialist, copyright 2009 ______________________ The Family and Medical Leave Act (FMLA), which became law in 1993, provides qualified employees with up to 12 weeks of unpaid leave per year for the birth or adoption of a child, for caring for a spouse or an immediate family member with a […]

The danger of hiring ‘Best of the worst’ from résumé pile

05/15/2007

When hiring, you probably use the job description to establish the minimum requirements for the position. But what if no one in the applicant pool meets those minimum requirements? …

Ban smoking or ban smokers? How far can you legally go?

05/15/2007

Thirty states and the District of Columbia have established “lifestyle discrimination” laws that prohibit employers from discriminating against employees or applicants based on the person’s off-duty use of tobacco or participation in other legal though controversial activities …

It’s important to track discipline by type and degree

05/01/2007

Expect a call from an employment lawyer when a disgruntled employee is fired. If the axed employee belongs to a protected class (race, sex, disability, etc.), expect more than a call …

No need for extra severance when laying off litigious staff

05/01/2007

Employers that want to trim their work force often sweeten the exit with severance payments. In exchange, employees sign away rights to lawsuits they may otherwise have contemplated. But what about employees who already have pending employment discrimination lawsuits or EEOC or state agency complaints? …

Use job-Related standards to kill discrimination suspicion

05/01/2007

Do you have clear and objective criteria for internal promotions? Prepared to justify those criteria as business-related? If so, you have little to fear from employees who were passed over for a promotion even if that means your management isn’t a perfect reflection of the racial makeup of the local work force …

Get Well-Versed in Overtime or Face Bad-Faith Damages

05/01/2007

Ignorance of the law is no excuse when it comes to deciding who’s exempt from overtime and who gets paid hourly …

Strong harassment policy plus training essential

05/01/2007

It’s been a few years since the U.S. Supreme Court laid down the law on sexual harassment…. Time breeds complacency, and too many organizations have let down their guard. The world’s best policy won’t do you any good collecting dust on a shelf …

How not to handle a whistle-blower’s complaint: Threaten to kill employees who report you

05/01/2007

The Florida’s Private-Sector Whistleblower Act protects employees who report alleged wrongdoing to their employers. Ignoring the complaint—or worse, threatening discipline, job loss or anything else that could be viewed as retaliation—will land you in court in no time flat …

Whistle-Blower Act doesn’t apply to religious employment

05/01/2007

Employees who work for religious organizations, such as church schools, can’t sue for retaliation under Florida’s Private-Sector Whistleblower Act, even if the conduct they report is clearly illegal …