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

Employment Law

FMLA ‘stress leave’: When must you allow it?

01/05/2010

Employees often claim their jobs stress them out. And for some, it’s so bad they feel they need to take off work to cope. That doesn’t mean, however, that employees are automatically entitled to use FMLA leave for stress. When does stress rise to the level of a "serious health condition" covered by the FMLA?

2009 in labor and employment law, from A to Z

01/05/2010

Our friends at the law firm of Fisher & Phillips LLP recently published this entertaining look at the employment law year that was. From A (the American Recovery and Reinvestment Act) to Z (zealously), 2009 was a busy year for those who track employment law trends.

Employee stressed out by possible discipline? That’s no reason to halt the process

01/05/2010

Go figure: Some employees get stressed out when they suspect they’re facing serious discipline or even termination. That understandable anxiety doesn’t mean you have to stop the disciplinary process. Unless the employee asks for FMLA leave or otherwise gives you enough information to indicate that she has a serious health condition—and not just nerves—you can go ahead with your investigation.

Do you need a policy barring workers from forwarding e-mails to personal accounts?

01/04/2010

By now, you should have an electronic communications policy and know to block computer access to newly terminated employees. But it’s also wise to prohibit current employees from forwarding e-mails from the company computer to their personal e-mail accounts outside the company.

Discovered poor work while employee was on military leave? Go ahead and discipline

01/04/2010

Employees returning from military service are entitled to come back to their old jobs, and they have other limited job protections, too. But those protections don’t mean employers can never discipline or demote employees who have been serving in the armed forces. Just make sure you’re doing so for legitimate business reasons, such as documented poor performance.

9th Circuit chief judge escapes porn-at-work punishment

01/04/2010

The Judicial Council of the 3rd Circuit recently released its opinion dismissing a porn-related misconduct case against 9th Circuit Court of Appeals Chief Judge Alex Kozinski. The complaint, brought by a court administrator, accused Kozinski and two other judges of disabling the court’s Internet filters to download illegal pornography and pirated music without being detected.

Employment Contracts

01/03/2010

HR Law 101: Some employers and employees choose to enter into an employment contract. Usually the worker is seeking job security, while the company wants to protect its trade secrets and sales territories. However, if you sign an employment contract, you may find that you’ve given away more than you bargained for …

DOL delivers on vow to hire 33% more investigators

01/03/2010

Now’s a good time to double-check your wage-and-hour compliance. The DOL’s Wage and Hour Division (WHD) last month completed its promised hiring of 250 new wage-and-hour investigators—a 33% increase in its investigative force. Plus, starting in early 2010, the WHD will be teaching your workers how to sue.

Pension Protection Act of 2006

01/02/2010
HR Law 101: The Pension Protection Act of 2006 allows employers to more easily move employees from defined benefit plans to defined contribution plans. It also established tougher standards for employers to meet to ensure existing pensions’ solvency.

FLSA: Record-Keeping Requirements

01/02/2010

HR Law 101: The Fair Labor Standards Act requires employers to keep records on wages, hours and other employee data, most of which is generally maintained in ordinary business practice. You do not need to keep the records in any particular form or use time clocks …