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Employment Law

Applicant has filed for bankruptcy? Private employers can refuse to hire because of it

05/02/2011

In tough economic times, people who lose their jobs often have to file for bankruptcy. But some employers frown on bankruptcy and don’t want to hire someone who can’t pay his or her bills. Now the 5th Circuit Court of Ap­­­­peals has ruled that a private employer is free to turn down an applicant because he or she filed for bankruptcy.

Members of protected group flunk job test? Make sure bosses aren’t manipulating system

05/02/2011
If your pool of qualified applicants is demographically significantly different than your hires, there may be trouble afoot. Don’t count on pre-­employment job tests to automatically create fair hiring. If a quick internal audit shows that particular departments or managers have considered but not hired members of a protected class, you may want to look at whether the testing is being handled properly.

Carefully track who applied for which positions

05/02/2011

If applicants believe an employer discriminates, they may be reluctant to even apply for a job, thinking it’s inevitable they will be passed over. That doesn’t mean they’ll hesitate to go ahead and sue anyway. However, smart employers that let everyone know what jobs are open and how to apply will probably win those cases.

Save the day! Stop borderline behavior early

05/02/2011

When HR finds out a supervisor has acted in a way that could be inter­preted as offensive, take immediate action. That doesn’t necessarily have to include discipline. Instead, remind the supervisor that the behavior—though it doesn’t rise to the level that could be considered harassment—must stop.

The HR I.Q. Test: May ’11

05/02/2011
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Delete your liability: Copy Xerox response to harassment complaint

04/29/2011
You can’t prevent every vulgar act an employee may commit. But you can and should act fast when you learn about misbehavior. As the response by Xerox managers in the following case shows, a single incident that doesn’t involve outrageous behavior or a physical assault typically isn’t sexual harassment in the eyes of the court—unless the employer ignores the incident and allows the problem to escalate.

Is it legal to offer comp time?

04/28/2011
Q. Some of our full-time, salaried employees have to put in a lot of extra time for off-hours meetings and additional workload responsibilities. Is it legal to give these employees extra time off from work?

If employee has authority to hire and fire, is he automatically eligible for exempt classification?

04/28/2011
Q. Our mailroom supervisor is currently classified as exempt because his position includes qualifications such as hiring and firing the mailroom staff. But for the most part, he mainly performs mailroom duties. Have we classified him correctly?

If employee voluntarily quits, must nonprofit employers offer COBRA coverage?

04/28/2011
Q. We’re a nonprofit organization and offer health insurance to our 100+ employees. If an employee is enrolled in the health plan and voluntarily resigns, are we required to offer COBRA? Or does our nonprofit status let us off the hook?

Can we offer cash incentives for employees to opt out of our health insurance plan?

04/28/2011
Q. We’re trying to reduce our group health benefit costs. Several employees are on both our plan and that of their spouses. They are willing to go off our group plan if we compensate them a certain amount of money each month. Is it legal to offer either medical insurance benefits or a cash alternative?