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

Employment Law

What can we do about an employee who racked up hours of unauthorized overtime?

09/28/2011
Q. We orally warned an employee not to work overtime. Recently, he claimed to have worked 56 hours straight, eating and sleeping only on regular break times. The timecards say he was here, but we don’t have any night staff, so we can’t verify if he was actually at work. Is there anything we can do?

No miner tracking, no mining

09/28/2011
The federal Mine Safety and Health Administration has been granted an injunction preventing the Buck Mountain Slope Mine in Lykens from operating until it installs a wireless tracking and communications system in the mine.

Tremont mine achieves dubious first, will pay $900k

09/28/2011
The R&D Coal Co. has become the first company to be cited for a flagrant safety violation under the Mine Improvement and New Emergency Response (MINER) Act of 2006. On Oct. 23, 2006, methane detonated in a tunnel at the Tremont Township mine, killing Dale Reightler.

Lancaster plant finds itself on losing end of federal case

09/28/2011

ALCOA Mill Products will pay more than half a million dollars to resolve accusations it discriminated against black, Hispanic and female applicants for material handler positions at its Lancaster plant. The plant fulfills orders under a contract with the U.S. Army.

Challenge it! ADA suit, disability claim don’t mix

09/28/2011

Employees who file for Social Security disability benefits, alleging they are totally disabled, sometimes have ADA cases pending. If you discover that’s the case, scour your files for evidence of contradictory claims. You may be able to get the ADA lawsuit dismissed.

OSHA squeezes fines from Dick’s in trash bin case

09/28/2011
In baseball, a “squeeze play” is a risky gamble. According to OSHA, Pittsburgh-based Dick’s Sporting Goods almost gave a whole new meaning to the phrase.

HR alert: Some of your actions aren’t protected

09/28/2011

Sometimes HR professionals go to bat for employees when they think the company may be overstepping legal boundaries or generally not doing “the right thing.” But those activities aren’t necessarily protected, meaning HR pros can’t claim retaliation if they are punished afterward.

No additional leave required after FMLA ends

09/28/2011

Employees covered by the FMLA are entitled to return to their jobs after taking up to 12 weeks off to deal with a serious health condition. But sometimes employees aren’t fully recovered when their leave runs out. Then they often ask for some form of accommodation that will let them perform the essential functions of their jobs. Employers don’t have to reinstate such employees under the FMLA.

It’s not all bad news when NLRB rules on social media

09/28/2011
The National Labor Relations Board has been taking a close look at how em­ployers react when they don’t like what their employees post on Facebook. Sur­­prisingly, employers have won several of those cases.

Metro North blasted, fined for misclassifying worker injury

09/28/2011
OSHA has ordered Metro North Commuter Rail to pay more than $141,000 to a worker after an investigation concluded that the railroad purposely misclassified the worker’s injury and then denied him a promotion as a result.