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

Employment Law

Boss’s affair isn’t grounds for employee suit

08/05/2010

It’s a misconception that anytime a supervisor has a romantic relationship with an employee, other employees can sue for sex discrimination. If that were the case, employers could be held liable for any number of legitimate (or unsavory) relationships between employees or even with outsiders.

Consistency the key to good hiring practices

08/05/2010

Courts don’t like to meddle in hiring decisions unless they see something obviously wrong with the hiring process. The key is to treat all qualified applicants alike—and then document that you did so. For example, hiring managers should ask the same questions of everyone they interview and use the same scale to rate each applicant.

We overpaid employees: Can we ask for it back?

08/04/2010
Q. We recently switched to a new payroll company. They made a mistake when they set up our overtime calculations. Our employees who work the swing shift are given an extra 25 cents for regular hours and 37 cents for overtime hours. But we accidentally paid them 57 cents extra per hour instead. Can we require the employees to repay the extra amount?

Loose lips lose lawsuits: Screen performance reviews for FMLA comments

08/03/2010
Comments supervisors make on performance evaluations can come back to haunt the company—especially if they concern the FMLA. That’s why HR should carefully review performance evaluations and tell supervisors to zip it when tempted to gripe about FMLA leave.

Does the ADA allow us to look into dangers posed by employee’s recurring medical crises?

08/02/2010
Q. About once a month, one of our employees faints, is taken to the hospital by ambulance and is released to return to work—without restrictions. These recurring incidents are affecting our productivity, and we’re worried about the employee’s health. The employee has claimed the episodes are induced by workplace stress. What should we do?

What’s our legal defense? Working here would be dangerous for ill applicant

08/02/2010
Q. When a job applicant took a post-offer physical, he learned he has hepatitis C. The position he is seeking at our oil refinery would expose him to chemicals that could be harmful to his liver. If we refuse to hire him and he alleges disability discrimination, will we be able to utilize the “direct threat” defense?

Trucking companies unload $50K to settle retaliation suit

08/02/2010
Two Texas transportation brokerage companies have agreed to pay $50,000 to settle an EEOC discrimination lawsuit. The suit centered on allegations of harassment and retaliation at Amino Transport and Chariot Express, Dallas-based trucking companies.

Former employees take big bite out of Texas Dental Association

08/02/2010
Two former employees of the Texas Dental Association are $900,000 richer after receiving back pay in a settlement agreement brokered by the National Labor Relations Board.

Records retention: Know what to keep, what’s safe to toss

08/02/2010
If there’s one thing all HR pros share, it’s probably a love/hate relationship with paper and paperwork. You know you need good records, but you also need to get rid of them periodically. That’s what a records-retention schedule will help you do.

Guard against punishing FLSA whistle-blowers

08/02/2010
The Fair Labor Standards Act makes it illegal to punish an employee who reports violations, real or perceived, to the U.S. Department of Labor. If you learn about such a report, don’t punish the messenger. Address the complaint.