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Employment Law

Make following instructions a part of your expectations

04/02/2010
Employees who claim discrimination was the reason they were fired have to show that they were meeting their employer’s legitimate job expectations. Employees fired for insubordination have a hard time proving that—especially if their employer can point to specific facts that prove insubordination.

Act fast to stop racial comments (but don’t fear lawsuit if they’re isolated)

04/02/2010
Here’s some good news for HR pros: If you get a report that an employee is being subjected to name-calling, you probably still have a chance to fix the situation. Do so before it gets worse.

Disabled employee wants light-duty assignment as accommodation? You don’t have to agree

04/02/2010
Some disabled employees believe it’s their right to be reasonably accommodated with a light-duty job that lets them do less work. But employers aren’t required to provide such jobs.

Stop frivolous claims with solid hiring, promotion processes consistently applied

04/02/2010

Smart employers have well-developed and organized hiring and promotion processes. Not only do they have them, they follow them carefully. That’s critical because when people don’t get jobs they want, they often suspect discrimination. And then they sue, whether they have a good case or not.

Note date when worker first learns of lost job

04/02/2010
It’s common for employers to let employees know in advance that they’re about to lose their jobs or have failed to win coveted promotions. Getting bad news like that can make some employees wonder whether discrimination might have played a role.

Employee is injured while driving for coffee: Is he due workers’ comp?

04/02/2010

In most states, employees can earn workers’ comp coverage for injuries that occur “in the course of employment.” That can be a fuzzy term. In the following case, you be the judge:

Vulgar e-mail: React differently if sent from home?

04/01/2010

Q. One of our employees sometimes sends offensive jokes to her fellow employees from her home e-mail account. We’re worried that someone may take offense and sue for racial or other harassment. What can we do if she’s sending this from home?

How should we calculate paid ‘on-call’ time?

03/26/2010
Q. We have a maintenance employee who we will soon put “on call” for various shifts—occasionally at night—to fix equipment. How should we handle his on-call pay?

Can we offer comp time instead of overtime pay for nonexempt employees who work OT?

03/26/2010
Q. Can we offer our nonexempt employees comp time instead of overtime pay during a pay period? If we can, do we have to offer it at one and a half times, just like overtime is paid? For example, if an employee works one hour of overtime, do we have to give him one and a half hours of comp time?

Teamsters end strike, sign pact with Philly Produce Terminal

03/26/2010

Teamsters Local 529 has ended its strike against the Philadelphia Produce Terminal, the second largest such facility in the nation. The Teamsters will get a small wage increase and better health benefits.