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

Employment Law

Paper trail of minor infractions can backfire

01/14/2015
Many bosses succumb to the temptation to build a disciplinary case against the employee by citing a long list of minor rule violations. But that can be dangerous, especially if the same violations don’t trigger the same scrutiny for other employees.

FMLA may cover some independent contractors

01/14/2015
A federal appeals court has cast doubt on the longstanding belief that independent contractors are never “employees” under the FMLA.

ACA vs. ADA: EEOC loses on wellness programs

01/13/2015
The EEOC has lost its bid for a preliminary injunction that would have prevented a major employer from withholding funds from the Health Savings Accounts of employees who refused to participate in a wellness program.

Calling in sick doesn’t count as FMLA notice

01/12/2015

Employees are supposed to let  employers know when they may need FMLA leave, although they don’t have to specifically mention the law. However, simply calling in to report being “sick” isn’t good enough. Not every illness is covered and run-of-the-mill sickness isn’t a “serious health condition.”

Federal court delays overtime rule for some home health aides

01/06/2015
The U.S. District Court for the District of Columbia on New Year’s Eve issued a temporary restraining order to temporarily stop the U.S. Department of Labor from implementing a rule that would have made many live-in home health care aides eligible for overtime pay.

What are some resources for classifying employees and independent contractors?

01/05/2015
Q. I am assistant HR director for a small company that uses independent contractors as well as full- and part-time employees. In my role, I must ensure that these workers are accurately classified as either employees or contractors, and that my company fully complies with federal and state tax and labor laws. What is out there to assist me in accurately classifying the workers performing services for our firm?

EEOC sues oilfield contractor over alleged sexual harassment

01/05/2015
An oilfield services company in Iraan, Texas, faces an EEOC lawsuit after its only female roust­­about was fired.

Disabled win $6.6 million from the SSA

01/05/2015
Current and former employees of the Social Security Administration will receive $6.6 million to settle charges the agency failed to accommodate disabled workers and denied them promotions. A federal judge has given preliminary approval to the deal.

Austin bus company to pay $655K to settle labor dispute

01/05/2015
Travis Transit Management of Austin has agreed to pay 600 current and former employees $655,000 to settle charges it unilaterally changed employee health, retirement and other benefits when it began providing bus service for Austin’s Capital Metro in 2012.

With handbook warning, it’s OK to deviate from policy

01/05/2015
It’s OK to occasionally deviate from the disciplinary process outlined in your employee handbook—if you leave yourself some wiggle room by explaining that some infractions are so serious they warrant immediate discharge.