Employment Law

Performing same tasks as staff won’t eliminate a manager’s exemption

01/02/2012

An increasing number of those managers are filing FLSA lawsuits, claiming they should be classified as nonexempt, hourly employees—and, thus, due overtime—because they spend most of their time doing the same tasks as their subordinates. But that’s not the test.

What HR pros must know about protecting trade secrets

12/30/2011

When any valued employee leaves, the company experiences a loss. The loss is greater, however, when the former employee departs to work for a competitor and begins using the company’s confidential information or trade secrets. HR has a key role to play in protecting a company’s proprietary information. Here’s how to do it.

The new year means new laws covering veterans hiring, whistle-blowing

12/30/2011

Employers will ring in some new laws in 2012 that will bring new opportunities and challenges, including the VOW to Hire Heroes Act and the Dodd-Frank amendments to the Sarbanes-Oxley Act.

Sticker shock: First ‘accident’ in two years at Georgia plastics plant is a lawsuit

12/29/2011

An employee has sued for religious discimination after he was fired from a plastics plant for refusing to wear a sticker saying 666, noting the number of days the plant has gone accident-free. The employee noted his “sincere religious belief that to wear the number 666 would be to accept the mark of the beast and be condemned to hell.”

DOT bans truck drivers from using cellphones

12/28/2011

The U.S. Department of Transportation issued final regulations Dec. 2 that ban the use of hand-held cellphones by drivers of commercial motor vehicles, including trucks and buses on interstate routes.

Employer wins commute dispute

12/28/2011

Employees must be paid for their pre-shift or post-shift activities, if those activities are integral and indispensable to the performance of their principal jobs. That can stretch a workday and possibly require you to pay for employees’ commuting time. But not all pre-shift or post-shift work is the same.

Employee just got religion: Must we accommodate?

12/27/2011

Q. Our company requires employees to work on weekends because those are our busiest days. When we hire, we ask applicants about their weekend availability. Now a few employees claim their religious beliefs have changed and they need time off on Saturdays or Sundays to attend church. Can we turn down the requests based on their original applications?

Politics around the watercooler: Can you discipline ‘overly political’ workers?

12/26/2011

While today’s Iowa caucuses feel like the end of a long campaign season, it’s really just the beginning of a heated political year … one that could spill over into your workplace. Follow these tips for handling political activity in your workplace and employees’ political advocacy outside of work.

Small businesses: Check to see if you’re too small to be sued

12/26/2011

Here’s an important note for small employers looking to avoid unnecessary hassles and lawsuits: If you receive a complaint from the EEOC or local employment discrimination agency, don’t assume or admit that you have enough employees to be covered by the law. If you have fewer than 15 employees, you could win instant dismissal.

How to: Conduct your annual HR policy review

12/23/2011

We’re already a month into 2012. It’s time to review your employment policies and practices in light of the government’s aggressive efforts to enforce employment laws. The EEOC, the DOL and a host of other agencies are all cracking down on employers. Good, up-to-date policies are your best defense against the fed’s stepped up scrutiny.