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Employment Law

Constructive discharge claim requires showing more than hostile work environment

04/30/2012

Employees who quit and sue have a tough case to make if they allege they had no choice but to quit because conditions were so terrible. First, they must demonstrate that poor treatment created a hostile work environment. However, they must also show an additional, aggravating factor …

Beware justifying hiring or promotion with criteria that don’t appear in job description

04/30/2012
Here’s a reminder to pass on to everyone involved in the hiring or promotion process: You’re running a huge risk if you deviate from the job announcement’s minimum and preferred qualifications.

Hear me now? OSHA slams firm for noise hazards–again

04/30/2012
Apparently, Piping Technology & Products (PTP) is a noisy place—so noisy that management failed to hear OSHA the first time it cited the company a year ago. Now it must pay OSHA fines totaling $118,000 after inspectors discovered conditions leading to one willful and nine serious health and safety violations.

Always enforce ‘no unauthorized OT’ policy

04/30/2012
The first step to controlling overtime costs is to establish a sound policy forbidding unauthorized extra work for hourly employees. But a “no unauthorized overtime” policy is just the beginning. You must also enforce the policy for all nonexempt employees, and make sure managers understand why it is important.

Job descriptions are works in progress … Stay on top of them!

04/30/2012
There’s a good chance that what your employees actually do every day has little in common with what’s written in their job descriptions. That’s a problem. Inaccurate or in­­complete job descriptions can cause legal liability for ­­employers, especially if the EEOC or the DOL comes calling.

What’s age bias? EEOC defines ‘reasonable factors’

04/30/2012
A few years ago, the U.S. Supreme Court said employers fighting claims of age discrimination carry the burden of proof to show that their alleged discriminatory decisions were actually based on a “reasonable factor other than age (RFOA),” not discrimination. The EEOC has issued final regulations that clarify RFOAs.

Who is an exempt professional under the FLSA?

04/29/2012
Q. We are a social services organization. After employees make home visits to clients, they must file reports within 24 hours, even if that means they must work on weekends. Most of these employees have two-year associate degrees; some have bachelor’s degrees. Can we treat these social workers as exempt employees under the FLSA?

5 questions & answers about accommodating mental disabilities

04/27/2012

The ADA requires employers to reasonably accommodate applicants or employees with mental or physical disabilities who are qualified to perform the job’s essential functions with or without a reasonable accommodation. Still, it’s a tricky issue.

Misclassification shuts down Charlotte firm’s out-of-state job

04/27/2012
Charlotte-based Sandoval Con­­struc­­tion was forced to suspend work on a Radisson Hotel in New London, Conn., after the Connecticut De­­part­­ment of Labor charged the company with improperly classifying employees as independent contractors.

N.C. teachers have 2 shots at appealing contract nonrenewal

04/27/2012
North Carolina teachers whose contracts aren’t renewed by their school districts have the right to challenge those decisions in state court. That doesn’t mean they give up their right to sue later in federal court. In effect, teachers get two bites at the apple.