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

Employment Law

You can’t avoid overtime by paying employees daily

03/01/2007

Even if you pay employees—such as day laborers—on a daily basis, you can’t use that tactic to avoid paying overtime for hours worked beyond 40 in a week …

Any ethnic stereotype, even a positive one, can trigger a job discrimination lawsuit

03/01/2007

Most supervisors know that it’s illegal to voice negative racial, age or gender stereotypes in the workplace. But they may not realize that positive stereotypes also can lead to trouble …

How to handle disabled applicants who bring a ‘Job coach’ to the interview

03/01/2007

In many states, vocational programs pair disabled residents with “job coaches,” who help them find appropriate work and adapt to those jobs. Since the ADA also requires employers to make reasonable accommodations during the hiring process, make sure job coaches are welcome in your interviews …

Offer half-Day FMLA leave regardless of the burden

03/01/2007

It’s important to know how your responsibilities differ under the ADA and the FMLA. The ADA requires you to allow part-time work as an accommodation only if doing so is reasonable for your company’s operations. But under the FMLA, employees have the unconditional right to intermittent leave, including working part-time for an extended period …

FMLA may require reinstatement, even with work restrictions

03/01/2007

The FMLA lets qualified employees take up to 12 weeks of unpaid medical leave each year if suffering from a serious illness. The law also entitles them to reinstatement to the same or an equivalent job when they return. But what if the employee has a lingering work restriction, such as a temporary lifting limit?…

You can suggest FMLA leave without triggering ADA liability

03/01/2007

What do you do if you think an employee, especially one whose performance is declining, could benefit from taking FMLA leave? Do you plant the suggestion or wait until the employee approaches you? The fact is, you can suggest FMLA leave for a serious health condition and not run afoul of the ADA …


Release EAP information on a ‘Need to know’ basis

03/01/2007

Employee assistance programs (EAPs) can help employees regain an edge lost to problems like alcohol abuse. But it’s a good idea to keep mum about an employee’s participation in the EAP …

A case study in how NOT to handle ‘Frivolous’ complaints

03/01/2007

You and the supervisors at your organization may already know how to handle a sexual harassment complaint that appears genuine. But what should you do when you seriously doubt that a claim is legit? …

You can file H-1B visa petitions starting April 1

03/01/2007

If you typically hire foreign employees through the federal government’s H-1B visa program, be aware of an upcoming date: April 1 …

Can you block workers e-Chats about pay, union?

03/01/2007

Even if you have a fairly restrictive e-mail and Internet policy, you probably allow employees a certain amount of latitude in sending personal e-mail. If so, be aware that you should also allow employees to use that system to discuss your organization’s pay, benefits and working conditions, plus any union-organizing efforts …