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

Employment Law

Planning layoffs? Check age demographics before and after proposed RIF

09/16/2011
Before you implement an involuntary reduction in force, make sure you determine whether you’re vul­­nerable to an age discrimination lawsuit. You can do this by seeing what percentage of the workforce was over age 40 before the planned layoff …

Consult your attorney for expert assistance on workers’ compensation disputes

09/16/2011

Employees who receive workers’ compensation payments for on-the-job injuries are assumed to have retired when they hit age 67. But a recent lawsuit argued that workers’ comp payments had to continue past that cutoff age because an employer had negotiated a legal settlement that didn’t specify that the payments would end at age 67. Fortunately, the Supreme Court of Minnesota has ruled otherwise.

Don’t want to budge on accommodations request? Plan on defending yourself in court

09/16/2011
Here’s an important reminder to pass along to managers and supervisors: Simply dismissing a disabled employee’s request for accommodations is folly unless it is crystal clear that no accommodation is possible.

3M to pay $3M to settle age bias suit

09/16/2011
Minnesota-based 3M has agreed to pay $3 million to 290 former em­­ployees to settle an EEOC lawsuit that claimed layoffs in 2003 and 2006 disproportionately targeted workers age 45 and older.

No free disability pass for insubordination

09/16/2011
Employers have the right to ex­­­pect everyone to behave ap­­pro­­pri­­ately at work. That includes employees with mental disabilities who may have trouble with communication and perception. What that means: You are free to punish inappropriate behavior regard­less of its cause.

Returning soldiers must follow your policies

09/16/2011

Soldiers who take military leave for active service or training are generally entitled to return to their jobs when they finish their military service. They even have protection from being terminated without cause if they served long enough. But USERRA does not protect employees who fail to follow existing company rules when they return or try to return.

Off-hours training: Paid or unpaid?

09/14/2011
Q. We are requiring some hourly employees to take additional training. Those who work the day shift can attend the training in lieu of work. But employees who work the night shift will have to come in during the day. Must we pay extra for the night shift employees to attend the training?

Employees’ SSNs off limits in FLSA litigation

09/13/2011
The time to confirm employees’ Social Security numbers is when they’re hired, not when you’re slapped with a lawsuit for unpaid overtime and minimum wage violations. A federal trial court has ruled that an employer was out of bounds in requesting this information.

Managing ‘job creep’ in today’s jobless recovery

09/13/2011
More than half of all employees have taken on new roles during the eco­nomic downturn, according to a recent survey. That’s “job creep,” and it’s a big problem, with important employment law implications. It may already be hurting your company. Here’s how to fix it.

PwC sued for alleged bias, retaliation in Tampa office

09/13/2011
An Arab-American of Moroccan descent has charged consulting giant PwC (formerly Pricewaters­houseCoopers) with discrimination and retaliation after it fired him and allegedly orchestrated his firing from another firm.