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

Employment Law

HR ethics on trial: Whose side are you on?

10/24/2011

Sometimes, HR pros go to bat for em­­ployees when they think the company is overstepping its legal bounda­ries or generally not doing “the right thing” for the worker. But what happens when HR sticks its neck out and, in turn, gets it chopped off?

Worried your contractors are really employees?

10/21/2011
The IRS’ new Voluntary Classification Settlement Program is designed to encourage employers to vol­­untarily reclassify workers as employees if they aren’t legitimate independent con­­tractors. Your incentive to come clean: none of the usual misclassification fines and penalties.

What’s the background on the NLRB’s rule requiring a new union-rights poster?

10/18/2011
Q. What is the new National Labor Relations Board (NLRB) rule regarding notifying employees of their rights under the National Labor Relations Act?

7th Circuit favors employer on pregnancy complications & ADA

10/18/2011
Are pregnant employees who develop complications disabled and entitled to reasonable accommodations under the ADA? A federal appeals court considered the question for the first time in Serednyj v. Beverly Healthcare LLC.

EEOC says Texas Roadhouse won’t hire well-aged workers

10/18/2011
The EEOC has filed suit against the Texas Roadhouse, claiming the na­­tional restaurant chain discriminates against older workers by denying them “front of the house” hourly po­­si­­tions, steering them instead into kitchen jobs or refusing to hire them.

You can discuss worker’s performance during FMLA leave

10/18/2011
Generally, employers shouldn’t ask employees on FMLA leave to perform any work or deal with work-related problems. But that doesn’t mean there aren’t times you may need to speak with the employee.

Be alert for retaliation suit if manager reports that a colleague discriminates or harasses

10/18/2011

It’s protected activity if a manager reports to HR that another manager has been treating subordinates who belong to a protected class more harshly than other subordinates. Punishing the reporting manager for doing so could be retaliation.

Workers required to attend ‘voluntary’ training? Be prepared to pay nonexempt employees

10/18/2011

Do you require or strongly rec­ommend that employees attend training sessions outside their regularly scheduled shifts? If training participants are hourly employees, chances are you will have to pay them for their time. Simply calling the training voluntary isn’t good enough …

Chicago bank branch fires low-vision worker after a day

10/18/2011
The EEOC is suing Bank of America, alleging it violated the ADA by firing a visually impaired worker after one day on the job at one of its Chicago locations.

Doubtful disability? Exercise patience anyway

10/18/2011

Occasionally, it may seem like an employee is exaggerating a disability and being difficult just for the sake of being difficult. That’s no reason to reject her claims outright. Instead, focus on following your usual ADA accommodations process.