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Employment Law

Must we pay for lactation breaks?

03/14/2011
Q. We run a manufacturing plant. Our break policy allows employees to take up to two breaks each shift to use the restroom. As long as the employees return to their posts within 10 minutes, the breaks are paid. We have an employee who is nursing and using her breaks to express breast milk. This usually takes about 15 minutes each break. Can we treat these breaks as unpaid?

Is it OK to pay an exempt employee an hourly wage for taking on nonexempt work?

03/14/2011
Q. We recently advertised internally for a current employee to do six to eight hours per week of office cleaning for an hourly wage. An exempt employee responded indicating that he would like the extra pay. Is it OK to pay him the hourly rate for his share of the cleaning work in addition to his salary?

After Supreme Court decision, what you must do to prevent retaliation

03/14/2011
The Supreme Court’s decision in Thompson v. North American Stainless underscores the need for employers to take proactive and thoughtful measures to prevent retaliation claims. Follow these practices to help avoid retaliation claims—not only from employees who have engaged in protected activity, but from those closely associated with them.

Retailer asks for NLRB ruling on union access to property

03/14/2011
The Roundy’s supermarket chain faces a unique situation. Union members are handing out leaflets in front of stores, but they’re not disgruntled Roundy’s employees. They’re not even trying to organize Roundy’s employees. Now the grocery chain has asked the National Labor Relations Board to intervene.

Extra leave under MPLA subject to employer approval

03/14/2011
Although they’re welcome to be more generous, employers are only obligated to provide six weeks of leave under the Minnesota Parental Leave Act

HR can’t always save the day when bosses go overboard

03/14/2011
HR can’t right all wrongs. When a supervisor rashly fires an employee for filing a complaint, not even fast action by HR to reinstate the employee can save the company from liability.

Your best defense against failure-to-hire suits: Sound hiring process, complete documentation

03/14/2011

It’s one of the HR profession’s hard truths: You never know which applicant may sue you if he or she isn’t hired. That means you must be ready to defend every hiring decision. The best way is to have a clear routine that everyone involved in the hiring process must use.

How to work with GINA–the Genetic Information Nondiscrimination Act

03/14/2011
In late 2010, the EEOC published GINA regulations that provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.

Checklist: A practical guide to investigating workplace harassment

03/14/2011
The U.S. Supreme Court’s landmark decisions in Faragher v. City of Boca Raton and Ellerth v. Burlington Industries were a wake-up call for employers to take affirmative steps to prevent, detect and remedy unlawful workplace harassment. HR’s key tool for doing so: the internal investigation. When harassment rears its ugly head, here’s how to conduct your investigation.

Equal Pay Act

03/12/2011

HR Law 101: The Equal Pay Act of 1963 prohibits employers from paying different wages on the basis of gender for “equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions…” Female employees must also receive the same level of benefits as their male colleagues …