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Employment Law

Don’t let pregnancy worries affect job assignments

05/09/2012
When discrimination based on pregnancy plays a part in a demotion or termination, the employee has a case under the Pregnancy Discrimination Act. Paternalistic beliefs that pregnant women need protection should not be part of the reason for any action, even if well-intentioned.

Will your decisions hold up in court? Be prepared to explain apparent contradictions

05/09/2012
If you offer contradictory reasons for hiring one applicant instead of another, be prepared to explain away the inconstancy. Otherwise, you may be vulnerable to a discrimination lawsuit.

Warn bosses: Wage violations could mean personal liability–and they would have to pay!

05/09/2012
Want to stop supervisors who allow off-the-clock work or look the other way when employees work extra hours that should be paid overtime? Remind them that not only are their actions illegal under the FLSA, but they may be held personally liable in a lawsuit. That means their own assets are on the line, not just their employer’s.

Inspect, investigate ASAP to prevent hostile work environment from festering

05/09/2012
A good attorney will urge a discharged employee to try to remember any problems she had at work. Any perceived unfairness then becomes part of the employee’s lawsuit. The more grievances, the more likely that at least some of the complaints will make it to court, even if other claims are tossed out. That’s one more reason to deal immediately with workplace problems that crop up …

Document business reasons for job decisions

05/09/2012

Courts seldom second-guess employers for making tough economic decisions, as long as it’s obvious those decisions were made honestly and not as a cover for discrimination. Make that clear by documenting the decisions at the time you make them.

Know employee’s diagnosis? Don’t assume FMLA

05/09/2012
If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.

The top 10 harassment excuses … and how to see through them

05/09/2012

When you get wind of a potential harassment situation at work, one of HR’s first steps is to talk to the alleged harasser. It’s highly unlikely you’ll get a full confession in that first meeting. Your role is to sort through the explanations to identify the truth. Be on the lookout for these 10 common excuses:

Before approving discipline, check last review

05/07/2012
When a supervisor recommends discipline or anything else that could be viewed as an adverse employment action, be sure to check the employee’s latest evaluation before you approve it. If what the boss says is currently going on appears inconsistent with the evaluation, find out why.

No state law on break time: What does FLSA say?

05/07/2012

Q. I don’t think our state has any rules on meal or break times for hourly workers. Does federal law require us to give breaks?


Reverse discrimination and transfers as ADA accommodations

05/04/2012

Earlier this year, the EEOC published Veterans and the Ameri­­cans with Disabilities Act (ADA): A Guide for Employers. In the guide, the EEOC asks the following question: May a private employer give preference in hiring to a veteran with a disability over other applicants?