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Employment Law

Technology can transform exempt status

07/25/2011
As work becomes more technologically driven, employees are seeing their job responsibilities change. Be aware that technological advancements in a job can also change an em­­ployee’s status under the Fair Labor Standards Act from an exempt to a nonexempt worker—or vice versa.

Boss keeping an eye on underperformer? Make sure he’s not being unfairly singled out

07/22/2011
Watch out if a supervisor starts keeping extra-close tabs on an employee’s work in the wake of declining productivity or a poor review. You must make sure all employees in a similar situation get the same close attention.

Discipline after testimony can be retaliation

07/22/2011
Reacting angrily to employee litigation can backfire. Filing a lawsuit is a protected activity, and sudden discipline following legal action is dangerous.

Back up consistent discipline system with documentation, review of high-stakes cases

07/22/2011
You can take steps to ensure that most employee lawsuits will fail, especially when it comes to discipline. The key is to make sure similar misconduct yields similar punishment, regardless of the employee’s race, sex, age or other protected characteristic. It’s also critical for HR to track discipline carefully.

Did deputy go to wing joint for breasts and thighs?

07/22/2011
The EEOC is suing Hurricane Grill and Wings in Royal Palm Beach after female employees detailed persistent sexual harassment by a local deputy sheriff.

Check reviews: Has employee ever complained?

07/22/2011

As an HR pro, you probably have to review all employee evaluations as well as records of employee complaints. Keep close tabs on both. Why is that important? Because even an all-star employee can let her performance slip or do something that breaks company rules.

Employer’s win in court shows peril of ignoring harassment

07/22/2011

It is generally agreed that anti-discrimination laws don’t create a general code requiring workplace civility. Harassment lawsuits won’t normally fly unless the abuse is objectively and subjectively severe or pervasive enough to alter the terms and conditions of one’s employment. A recent case, Williams v. CSX Transp. Co., illustrates these principles in action.

Choose the best approach to protect your trade secrets

07/22/2011
Every organization wants to safeguard trade secrets and proprietary information. It’s your responsibility to make sure employees know that you expect them to do their part by not divulging your intellectual capital. It’s also important to make sure employees don’t take trade secrets with them if they go to work for a competitor.

Must we accommodate this employee’s beliefs? She says witchcraft is her religion!

07/19/2011
Q. We have an employee who claims to be a witch. She contends that witchcraft is her religion and has asked for time off on certain “holidays.” Are we required to accommodate this employee’s request?

It’s an emergency! Can we fire worker whose volunteer firefighting duties cause absences?

07/19/2011
Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him on this basis?