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HR Management

Work with IT staff to make sure all HR documents are easily accessible

01/14/2010

It’s a business imperative that’s especially important for HR: Make sure your computer systems allow you to retrieve critical information immediately on demand. That’s essential if you are ever sued, because long delays in providing documentary evidence can lead to needless litigation costs—and could even mean you’ll lose the case.

Can I regulate how our e-mail system is used for union matters?

01/14/2010

Q. Can I prohibit an employee from using the company’s e-mail system for union-organizing purposes?

Training, recognition keep turnover under control

01/14/2010

In an industry that suffers from 100% annual turnover, Universal Protection Service in Santa Ana, Calif., boasts a much lower rate: 65%. “Anyone in HR will be aghast at that rate because it sounds horrendous,” admits HR VP Paula Malone, “but compared with the industry average, it’s actually good.” The reasons for the relatively low turnover: continuous training and on-the-spot recognition.

Hair tests beat urine tests at identifying drug users

01/13/2010

A new study by Quest Diagnostics shows that hair-based drug tests reveal far more workplace drug users. Reason: Hair testing can identify usage going back up to three months, while urine testing is best at identifying drugs taken within the past three days.

Do we need new record-retention rules now that the Ledbetter law has been enacted?

01/13/2010

Q. I keep hearing that the Ledbetter Act means we may need to hold onto documents about employees beyond our current retention policies. What do we need to do to make sure our document-retention policies comply with the law?

Heed legal risks of recruiting via Facebook, LinkedIn

01/12/2010

Employers seeking Internet-savvy candidates have been flocking to social media sites in the past year. But employers (and their lawyers) are discovering a hidden problem in that recruiting-by-Facebook strategy: Depending too much on the sites could leave your organization vulnerable to age and race discrimination lawsuits.

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.