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

HR Management

Court to decide if changing leave policy violates USERRA

09/01/2007

With the wars in Iraq and Afghanistan showing no signs of abating, more and more employees in the National Guard and Reserve have to spend time away from the workplace. For employers, managing a work force with more than one service member on staff has become something of a logistical nightmare. And some employers are backing away from previously generous efforts to help service members balance military commitments and work …

OK to punish worker acting alone to end alleged harassment

09/01/2007

When it comes to sexual harassment, employers need a clear policy and a process that allows employees to come forward with claims. That’s really the only way an organization can protect itself. But what if an employee who thinks he’s being harassed ignores your policy and acts alone to contact the alleged harasser anonymously? If this “self-help” seems to threaten the alleged harasser, you can punish the employee without worrying about liability …

Independent inquiry saves the day on supervisor harassment

09/01/2007

Employers can fairly easily limit their liability in sexual harassment cases. Rigorously enforcing a solid harassment policy does the trick. But supervisor harassment is another matter. When a supervisor allegedly harasses a subordinate, the employer is liable unless it can show that some “tangible employment action” by the supervisor didn’t adversely affect
the victim …

Lewd butcher kept on well past ‘Sell by’ date

09/01/2007

Jewel Food Stores settled a sexual harassment lawsuit with four female employees for $200,000, but the meat department manager who spawned the suit has had a surprising shelf life …

Employers, employees affected as Illinois adopts smoking ban

09/01/2007

Citing the toxicity of secondhand smoke, Gov. Rod Blagojevich signed Senate Bill 500, the Smoke-Free Illinois Act, into law on July 23.  The law takes effect Jan. 1 and requires employers to provide smoke-free workplaces for all employees. The new state law does not mean employers can ignore local anti-smoking ordinances. Municipalities may still enact smoking bans that are tougher than state law, but all Illinois jurisdictions must meet the new state standards when the law takes effect …

University of Michigan employee uses card to swipe $160,000

09/01/2007

In the third known case of employees abusing University of Michigan credit cards, a former maintenance supervisor at the university has admitted stealing $160,000. He faces a hearing to determine restitution …

Use contractual limitations to protect company and managers

09/01/2007

Michigan courts have generally upheld as valid and enforceable provisions within an employment application or employment contract that place time limits on when employees can sue their employers. Thus, while the statute of limitations for filing a claim of discrimination under Michigan’s Elliott-Larsen Civil Rights Act is three years, a Michigan court has upheld contractual provisions providing for a shortened limitations period of six months …

Don’t use attendance policy to avoid accommodations

09/01/2007

While attendance is an important goal, refusing to allow disabled employees some leeway is a sure way to the courtroom. Before you adopt a strict no-excuses tardiness policy, make sure you consider the special problems disabled employees may have. You can’t just declare that being on time is an essential function of every job and leave it at that …

Supreme Court to hear Florida FedEx drivers’ discrimination case

09/01/2007

The U.S. Supreme Court has agreed to hear an Age Discrimination in Employment Act (ADEA) case involving FedEx drivers. Employees in three states, including Florida, filed an ADEA suit against FedEx, citing policies designed to “drive out older workers” …

Must we let workers on FMLA leave use sick leave?

09/01/2007

Q. Our policy states that sick leave is available to employees who are scheduled to work but unable to do so due to illness or injury. It’s not available to employees who are on (FMLA) leaves of absence because—due to the leave—they’re not scheduled to work. In other words, we don’t allow employees on FMLA leave to take paid sick leave. Do we have to? —S.B., Pennsylvania …