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Employment Law

Long ago comment won’t taint current legitimate disciplinary action

07/17/2013
Here’s some good news for em­ployers that promote an employee into a supervisory position not knowing she may have made racist comments in the past. As long as the new supervisor follows company disciplinary rules and HR carefully documents any performance and disciplinary problems, chances are the old comments won’t sink the em­­­ploy­­er’s defense of a discrimination claim.

Sick employee wants less overtime? Consider that a request for intermittent FMLA leave

07/17/2013
Don’t try to “create” artificial overtime for a disabled em­­ployee so she’ll be forced to use up her FMLA entitlement. That’s especially true if no one else is required to actually work overtime. Such a tactic will backfire.

FMLA: What if worker won’t return to old job?

07/17/2013
Employees who take protected FMLA leave are supposed to return to the same or an equivalent position in terms of pay, duties and benefits. But what if the employee doesn’t want the same job for some reason? Must you create a new job for her? No.

Zip it! Keep all investigations confidential

07/17/2013
Employees who participate in internal investigations into discrimination charges are protected from retaliation. That’s why it’s good policy to keep investigations confidential. Don’t divulge the names of cooperating employees to anyone who doesn’t need to know.

What does the ACA employer mandate delay mean for you?

07/17/2013
Where does your organization stand now that the Obama administration has pushed back the employer mandate portion of the Affordable Care Act?

When using temps, make sure temp agency retains control of employment relationship

07/17/2013

Using temporary workers can be an effective way to stretch your labor budget without making a long-term staffing commitment. But if a temp sues over alleged discrimination, you may not have saved much money. To prevent surprises, make sure you treat the temp as a guest—leave the employment details to the agency that supplies the temp.

Facial faux pas: Can a manager’s ‘smirk’ justify a discrimination lawsuit?

07/16/2013

Employees who feel wronged in the workplace will look for any evidence to justify their grievance. But here’s some good news: An employee’s interpretation of a manager’s facial expressions isn’t enough for a successful lawsuit. A smirk isn’t evidence.

Does a tax ID number authorize foreigners to work?

07/15/2013
Q. Do the individual taxpayer identification numbers (ITIN) issued by the Department of the Treasury authorize an alien to work without any other documentation, such as an employment authorization? 

High Court invalidates DOMA, creating uncertainty for Payroll

07/12/2013
The U.S. Supreme Court on June 26 ruled that Section 3 of the federal Defense of ­Marriage Act—the section that limits marriage to heterosexual couples for federal benefits—unconstitutionally denies legally married same-sex couples equal protection. The Court specifically mentioned the taxability of health benefits for same-sex spouses, an issue the IRS must now address.

Employment status notification bill proposed

07/10/2013
A bill before the North Carolina House of Representatives would require employers to give employees notice of their employment status at the time of hire and when any material change in the employment relationship occurs.