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

Employment Law

Ensure your FMLA practices comply with new GINA regulations

02/28/2011
Under the FMLA employers routinely ask an employee’s health care provider to complete a certification form justifying FMLA leave requests. That could create a GINA compliance problem, because the certification might reveal genetic information about the employee. There are obvious precautions that an employer should take to comply.

Amtrak faces equal pay suit

02/28/2011
The EEOC is suing Amtrak for pay discrimination and retaliation, following allegations by a female HR manager at Philadelphia’s 30th Street Station that the railroad underpaid her because she is a woman. She also claims Amtrak started excluding her from important meetings after she complained.

Feds sue western Pennsylvania mines over inspection tip-offs

02/28/2011

When federal mine safety inspectors arrived last year at two western Pennsylvania mines owned by Rosebud Mining Co., the first thing they did was shut down the company’s phone system so top-side managers couldn’t warn underground workers that an inspection was about to start. That didn’t stop someone from passing along the news.

Social Security disability may mean no ADA suit

02/28/2011
Can someone claim they’re so disabled they need Social Security benefits, yet still tell an employer they can perform a job’s essential functions? Sounds fishy, right? A judge thought so.

Ignoring complaints: Bad strategy likely to backfire

02/28/2011
Think if someone complains to HR and you just kick it up the chain of command, the problem will just take care of itself? Think again.

Certain you had a good reason for firing? Don’t agonize over decision–or fear a bias suit

02/28/2011

Do you live in fear of being sued for discrimination? Don’t let it compromise your legitimate decisions. If you’re confident that you have good reasons to fire someone, don’t worry about whom you hire to replace that employee. Even if the replacement is outside the fired employee’s protected class, she probably won’t be able to successfully sue you.

Use last-chance agreements to force rule-breakers to either shape up or ship out

02/28/2011

Some employees think they can freely break rules they consider unimportant. Trouble is, other employees often follow suit. Your best bet for stopping such nonsense: Explain to the main culprit that his behavior is unacceptable—and then give him one last chance. Get that warning in writing with a formal last-chance agreement.

AK Steel to pay $175 million for Butler retirees’ health care

02/28/2011
AK Steel has settled a lawsuit brought by former employees of its Butler Works operation north of Pittsburgh after the company announced it would cut some retirement health benefits and begin charging premiums for others.

No adverse action? Then don’t fear constructive discharge

02/28/2011

Employees sometimes quit and claim they had no choice because work conditions were so terrible. Sometimes, they sue. In most such cases—the argument is called “constructive discharge”—courts side with employers, provided there’s no evidence the employee suffered an adverse employment action such as a transfer, demotion or pay cut.

Track every step in your promotion process

02/28/2011

Employees can be ungrateful. Sometimes, they’ll turn down promotion offers because the deal isn’t sweet enough—and then sue, alleging that low pay was evidence of bias. Win those cases by producing documentation of the entire promotion process, including how you set pay.