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HR Management

Strictly limit employee medical information just to those who need to know

01/12/2010

The ADA requires employers to maintain strict confidentiality on any medical- or disability-related information. That means keeping it in a separate, secure file, away from prying eyes that have no business viewing the information. But confidentiality doesn’t apply just to paper or electronic records. Employers also have to make sure they don’t discuss such information with those who don’t need to know.

Of course you have an anti-harassment policy; now make sure all your employees can use it

01/12/2010

Your organization probably has policies prohibiting sexual harassment, and you probably offer training for supervisors and employees alike on how the policy works. But that simply isn’t enough. You should have multiple ways for employees to report sexual harassment. The more ways you provide, the more likely a court will conclude that an employee who failed to report the harassment was acting unreasonably.

Tamp down lawsuits with good promotion records

01/12/2010

In today’s tough economic climate, more and more employees are willing to stay put, applying for promotions instead of looking for jobs in other organizations. That means more competition for promotions—and more opportunities for disgruntled employee to sue when they’re passed over.

Why I represent management as an employment law attorney

01/11/2010

I practice management-side employment law because I want to help businesses better manage their talent. I am not so naive to think that employers fire people only for good reasons. Companies fire employees for lots of reasons—good, indifferent and unlawful. Every lawsuit, administrative charge and internal complaint is an opportunity for a company to learn from a mistake … It becomes an opportunity to train employers how to handle an employee-relations problem better the next time.

Impartiality assured: Panel limits judges’ Facebook friends

01/11/2010

We all know the law often plays catch-up with technology. Well, the Florida Judicial Ethics Advisory Committee is attempting to bring judges into the 21st century with the perfect combination of high tech and tight restrictions. The committee has advised judges who use the Facebook social networking web site not to “friend” lawyers who might appear before them.

Catch all 22 evidence preservation steps in case of litigation

01/11/2010

Employers and HR professionals hear it all the time: You must be prepared to preserve relevant corporate information and data and produce it if you are sued. You can take some preparatory steps to ensure that you can comply with inevitable litigation holds and are proficiently primed to assist your attorneys should litigation occur. This list of 22 to-do’s can guide your document and data preservation and retention procedures:

How should we respond to a subpoena for one of our employees’ personnel records?

01/11/2010

Q. We recently received a subpoena to produce an employee’s personnel file in connection with a lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?

Great! You have an anti-harassment policy; now make sure all your employees can use it

01/11/2010

Your organization probably has policies prohibiting sexual harassment, and you probably offer training for supervisors and employees alike on how the policy works. But that simply isn’t enough. What really matters is what happens once an employee picks up the phone or stops by HR to discuss potential sexual harassment.

Provide security around workplace to prevent assaults—and crippling lawsuits

01/11/2010

Ohio’s workers’ compensation laws are complex, and employers that want to fight a claim may find themselves in court for years. That costs money. That’s why smart employers look for ways to prevent claims. One of those preventive methods involves the area sometimes referred to as the “zone of employment.”

OSHA cites grain processing plant

01/11/2010

OSHA has cited Minnesota-based Endres Processing LLC and its subsidiary Endres Processing Ohio for numerous hazards at the companies’ Upper Sandusky plant. Endres manufactures animal feed from unused dairy products. OSHA cited large amounts of dust in the plant as both a fire and breathing hazard.