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

Employment Law

What should we do? Employee almost divulged insider-trading information on Facebook

07/26/2011
Q. We recently learned that one of our employees posted comments on a friend’s Facebook page, coming to our company’s defense over a recent drop in stock price. The employee came dangerously close to disclosing information about earnings that were not yet public. What can and should we do?

Must we pay for pre-shift talk?

07/26/2011
Q. Last week, we asked a nonexempt employee to come in 30 minutes before her regular start time to talk to her about a complaint that had come to our attention. Do we have to pay her for the time spent in discussions with management?

How should we pay if our time clock breaks?

07/26/2011
Q. Because of a time-clock malfunction, we couldn’t determine how much pay we owed some employees. What is our obligation to pay employees if we can’t calculate the exact number of hours worked? Is there any penalty for the delayed payment?

How to prevent workplace violence–and manage legal liability

07/26/2011
According to the latest numbers from the U.S. Bureau of Labor Statistics, 12% of assailants in fatal workplace shootings are co-workers or former co-workers. Sadly, violence can strike any workplace. That’s why it’s so important to be able to recognize the signs of potential trouble and have protocols in place to prevent a poten­tially tragic situation. That’s often easier said than done.

Worker lied about treatment? That’s grounds for termination

07/26/2011

Some employees are less than honest about their absences. From the “Monday morning flu” to claiming time off for nonexistent medical treatment, employees can get creative. But what can you do if you find out later that an employee has lied to get time off? Fire him for misrepresentation.

Requesting light duty isn’t an official FMLA request

07/26/2011
The FMLA grants time off for em­­ployees with serious health conditions, but they must let employers know they need leave. Simply requesting light-duty work isn’t enough.

Supreme Court sides with Walmart in massive class-action case

07/26/2011
In a 5-4 ruling, the U.S. Supreme Court in June rejected class-action status for an estimated 1.5 million female employees who brought gender-discrimination claims against Walmart, the country’s largest private employer. The issue before the High Court wasn’t whether Walmart discriminates against women, but whether the 1.5 million-member class was legitimate.

FLSA beef stirs up lawsuit against Panda Express

07/26/2011
The Chinese fast-food chain Panda Express faces a national overtime lawsuit after a federal district court judge in New York ruled the case could move forward as a class action.

OSHA cites Troy Chemical after Newark accident

07/26/2011
OSHA has issued 11 serious safety citations to Troy Chemical Corp. arising from a chemical spill at the company’s Newark facility. OSHA fines will amount to $62,100.

EEOC finds fault with ‘no-fault’ attendance policies

07/26/2011
Telecommunications giant Verizon has agreed to settle a nationwide class-action lawsuit brought by its disabled employees. In all, the company will pay out about $20 million to employees who missed work for reasons related to their disabilities. The lawsuit, filed by the EEOC on behalf of disabled Verizon workers across the country, claims Verizon’s “no-fault” attendance policy violates the ADA.