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

Employment Law

Must we rehire returning service members? We have already hired replacement workers

01/12/2012
Q. We have a number of employees who serve in the armed forces. Some have taken multiple leaves in recent years because they were called up for duty in Iraq or Afghanistan. At least one has been gone for years. With the drawdown of troops in Iraq, we expect that several will want to return to our company, but we have had to hire people to replace them. Are we obligated to rehire them even if we don’t have an open position?

It’s time to give your wellness program a legal checkup

01/12/2012

Many employers (and the consultants who encourage them) aren’t doing a good job of managing the legal risk and cost associated with wellness programs that ignore the law. Federal, state and sometimes local laws can affect wellness programs. Employers need to understand them.

Like grocery prices, lifting requirements fluctuate

01/12/2012

Minneapolis-based grocery chain Supervalu faces a lawsuit from a former employee at a distribution center in Pennsylvania. Long-time employee Terri Wolfinger claims the company changed the lifting requirements in her job description to prevent her from returning to work after she injured her arm.

OFCCP rocks Lund’s boat, charges gender discrimination

01/12/2012
The federal Office of Federal Con­­tract Compliance Programs is suing New York Mills-based Lund Boat Co. and parent company Bruns­­wick Corp., alleging discrimination against women in its hiring practices.

Beware liability if no-hire decision was based on politics

01/12/2012
Here’s a reminder for government hiring managers: While ordinarily, such supervisors have qualified immunity, that’s not the case if the decision not to hire is based on an applicant’s political beliefs.

Paying women less, hoping for the best is recipe for Equal Pay Act disaster

01/12/2012
Ignoring an employee’s persistent complaints that she’s being paid less than her male counterparts may amount to a willful violation of the Equal Pay Act (EPA). And willful violations add a year onto the two years of back-pay liability.

It’s good faith that matters: Minnesota whistle-blowers don’t have to be right

01/12/2012

Under Minnesota’s Whistle­­blower Act, employees who report alleged employer wrongdoing to their employer or the government are protected from retaliation. Those employees don’t have to be right about their allegations—they just have to act in good faith. If their allegations have an “objective basis in fact,” they are protected by the law.

Before firing, offer second chance to improve

01/12/2012

Some employees facing criticism will own up to the problem and work to improve. Others simply refuse to recognize that their per­­formance is subpar or contributing to discord in the workplace. Either way, it’s worth at least ex­­tend­­ing to the employee a chance to improve and keep his job—after you have docu­mented the nature of the problem.

New EEOC task force aims to help small businesses

01/12/2012
The EEOC has established a small business task force to improve its outreach to small businesses that may not have access to expert legal advice or a staff of experienced HR professionals. The goal: Ensure small-business owners know how to comply with federal anti-discrimination laws.

Miami ADA case could lead to Supreme Court hearing

01/12/2012
The EEOC has filed suit against Miami-based Vitas Healthcare alleging it violated the ADA when it made a disabled employee compete for a vacant position. The case raises a critical question that could carry it all the way to the Supreme Court.