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Employment Law

Hired him? You should be the one to fire him

01/18/2012

Make this a mantra in your organization: The same person who hired an employee should be the one to fire him if necessary. Here’s why:

6 factors that determine independent contractor status

01/17/2012

Today’s tight economy has prompted many employers to try to reduce costs—including overtime—by classifying workers as independent contractors instead of employees. That hasn’t escaped the notice of the IRS and the U.S. Department of Labor, which have stepped up efforts to deter misclassification.

Has your organization ever been sued by a current or former worker over an employment law dispute? If so, what happened?

01/17/2012
Knock on wood: Half of our readers say they’ve stayed out of court.

Be prepared to answer the question: Are you biased, or is employee overly sensitive?

01/16/2012
Every once in a while, you’ll run across an employee who is hyper­­sensitive to any criticism. She may even attribute it to bias against a protected status, and may file an EEOC complaint. Rest assured that if you investigated and took her complaint seriously, the EEOC complaint will likely be dismissed.

Terminations: State Law Resources

01/16/2012
When terminating employees, employers must comply with state laws as well as federal laws related to the termination process. Always make sure you check with the appropriate state agency for the full details. Here’s a list of state resources:

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.