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

Employment Law

To avoid OSHA violations, know the top targets

02/01/2007

If your employees work on scaffoldings or other positions in which they could suffer a fall, take note: Scaffolding and fall-protection requirements top OSHA’s new list of the most-violated safety and health standards …

The right way to accommodate employees with diabetes

02/01/2007

The numbers are daunting: Diabetes affects about one in 14 Americans and it’s the fifth leading cause of death in the country. Almost 80 percent more diabetics are in the U.S. work force now than just a decade ago, and experts predict those numbers will rise. For employers, the twin epidemics of diabetes and obesity are eating into profits and creating legal land mines …

Draft severance packages to comply with age-Bias law

02/01/2007

When employers offer severance packages to employees age 40 or older, those packages must comply with the federal Age Discrimination in Employment Act and the Older Workers Benefit Protection Act …

Deducting leave for partial-day absences

02/01/2007

Q. Recently, we audited our jobs and determined that some employees were classified as hourly when they should be exempt. We reclassified them. But now, I have a question about handling time off for our newly exempt employees. By law, are we required to NOT charge an exempt person’s time if they’re out of the office for a half day? And if we do start charging an exempt person’s time (vacation or personal) if they miss an hour or two, are we setting ourselves up to be sued?

What are the costs for age-Discrimination sins?

02/01/2007

Q. If we’re sued for age discrimination, is the potential award limited to lost wages and benefits? Or can a court also award damages like pain and suffering? —D.B., Nebraska

Can we require salaried staff to make up lost time?

02/01/2007

Q. We’re a small company (fewer than 20 employees) and don’t keep time sheets. Our entire staff is salaried. We expect employees to make up personal time and sick time (neither of which affects their vacation time or holiday time). Are we wrong to expect that if a salaried employee takes two hours for a doctor’s appointment, he or she should make up that time later? —M.V., Florida

Traffic tardiness: Be consistent with punishments

02/01/2007

Q. How many times should we allow an employee to be late before giving an oral warning? We have a mandatory 8:30 a.m. production meeting. Everyone knows traffic is out of control, but most employees manage to arrive on time most of the time. Some are consistently late and constantly blame traffic. —J.A., California

Deducting partial-day absence from leave bank is OK

02/01/2007

You may assume that employers must pay exempt employees their entire salary even if they arrive late and leave early. Well, that’s only partially true …

Whistle-blowers protected only if concerns are in writing

02/01/2007

Florida’s Whistleblower Act protects employees only if they notify their employers of alleged wrongdoing before reporting it to authorities. That way, employers have a chance to correct the problem first …

Section 1981 bias law doesn’t cover national-origin claims

02/01/2007

Section 1981 of the Civil Rights Act of 1866 has become an increasingly common route for African-Americans to bring to federal court a variety of discrimination claims not covered by Title VII. But claims of national-origin discrimination aren’t allowed under Section 1981…