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HR Management

Don’t assume privacy clause guarantees privacy

01/15/2009

Some employers include a privacy clause in their applications and handbooks that tells employees they can opt out of having their names and addresses released to third parties. However, if a worker who is suing for wage-and-hour violations wants to get his hands on employee names and contact information for the purpose of building a class-action case, those privacy clauses can’t stop it.

Immigration compliance issues and changes to track in 2009

01/15/2009

Employers have a number of immigration compliance issues to track in 2009, affecting the Employment Eligibility Verification Form I-9, business travel, no-match letters and employment authorization documentation.

Independent contractor can sue top contractor for injuries

01/15/2009

If you thought that one advantage of using independent contractors was that those contractors couldn’t sue you for injuries suffered at work, think again.

Not a union employer? Proposed EFCA could soon change that

01/13/2009

Union-free employers should consider acting now to keep their operations union-free, given the nature of the changes that are likely to come with enactment of the Employee Free Choice Act. The law would make it more difficult for employers to oppose union organizing, and would limit employers’ bargaining power if they do become unionized.

4 ways to bring domestic violence out of the workplace shadows

01/13/2009

There’s a widespread understanding of the grave impact domestic violence has on personal lives and the havoc it wreaks on families and communities. Now more attention is being paid to its effect at work. Sometimes, incidents of domestic violence actually happen in the workplace. But the impact goes far beyond immediate safety concerns.

Require those on FMLA leave to call in sick, just like any other employee

01/13/2009

Good news from the 8th Circuit Court of Appeals: If you have a system for employees to call in sick, you can require everyone to use it—even employees on approved intermittent FMLA leave. The trick is to make sure that the employee taking FMLA leave understands she still must call in.

Employee wrongly snared in e-mail scandal to receive $25,000

01/09/2009

The City of New York has agreed to pay $25,000 to William Hallowell, a former library assistant at Riverdale Country School in the Bronx, for arresting him following an e-mail mix-up at work.

Termination and the right to see records

01/09/2009

Q. In New York, does a terminated employee have the right to see his personnel file or other documents?

Have policy, act fast to cut racism liability

01/09/2009

When racism raises its ugly head at work, employers must do two things. First, make sure everyone understands your company policy prohibits any form of harassment, including that of a racial nature. Then punish anyone caught violating that policy. And if racist graffiti is involved, remove the graffiti as soon as possible.

Family of trampled Wal-Mart worker files suit

01/09/2009

The family of Jdimytai Damour, the temporary worker who was trampled to death by shoppers at the Valley Stream, Long Island, Wal-Mart on Black Friday, has filed a wrongful death lawsuit against the company.