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

Employment Law

Warn managers not to exaggerate pay and perks

11/01/2004
Issue: In their zeal to lure top-shelf applicants, hiring managers may embellish on the pay, perks and promotion opportunities. Risk: Failing …

Tell ‘key employees’ right away if denying job reinstatement

11/01/2004
Issue: FMLA lets you deny post-leave reinstatement, in some situations, to highly paid “key employees.” Benefit: That provision can shelter your organization from …

Start ‘leave meter’ running at first absence

11/01/2004
Issue: When does FMLA leave begin? How soon do you need to notify employees on leave? Benefit: A new court ruling clarifies that those 12 weeks begin with the first …

The new OT rules: You’ve got questions; we’ve got answers

11/01/2004
If you’re like most HR professionals, you’ve been scrambling in recent months to pull your organization in line with the Labor Department’s new rules defining …

Skeptical of ‘Spouse’ on benefit plan? Ask for proof

11/01/2004

Q. A few of our employees have added their spouses to our health benefits plan. We’ve heard through the grapevine that some of these “couples” aren’t actually married. Can we check on this without being discriminatory? —L.C., Illinois

Don’t probe applicants about their HIV status

11/01/2004

Q. Is it legal to ask applicants medical questions, specifically, if they have HIV? Does the law allow any legal exceptions to ask this question of people applying for food-handling positions?” —S.S., California

Firing family members? If they’re at will, it’s your call

11/01/2004

Q. We may soon terminate an employee whose daughter also works here. We’re uncomfortable with her daughter remaining as an employee. Can we legally terminate the daughter, as well? —R.M., Missouri

‘Creative workplace’ defense won’t beat harassment suit

11/01/2004
Issue: A court ruling said sitcom writers have a “creative necessity” to engage in overtly sexual banter.
Risk: While the TV network was allowed to use this defense in a …

Accommodate religious requests; don’t argue ‘sincerity’ of beliefs

10/01/2004
Federal anti-discrimination law says you must offer reasonable accommodations to employees’ “sincerely held religious beliefs or practices,” as long as the accommodation wouldn’t place an undue hardship on your organization. But …

Keep an open mind in investigations; juries will punish ‘kangaroo courts’

10/01/2004
Keep an open mind in investigations;
juries will punish ‘kangaroo courts’
When investigating a sexual harassment complaint, don’t rush to judgment, and don’t allow supervisors to sidestep any steps …