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HR Management

What’s your duty to accommodate domestic violence victims?

01/16/2009

About a dozen states have laws that allow employees to take job-protected leave to deal with domestic violence issues. But take note: Even if your state doesn’t have a specific law, you may need to grant such rights as a matter of “public policy.” A recent court ruling from Washington state shows the legal risks.

Driving on company business: Who’s liable?

01/16/2009

Q. Say an employee driving his own car on company business to make a bank deposit gets into an accident and is slightly injured. Is it his responsibility to go to his own doctor to seek immediate treatment and then to the workers’ comp doctors? And who covers the damage to the car?

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?