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Employment Law

‘Sexting’ causes growing harassment risk in workplaces

09/18/2009

HR is being forced to respond to an increasing number of sexual harassment claims revolving around explicit photos sent via text message, a practice known as “sexting.” Latest case: A Hooters waitress in Florida sued, saying her manager sexually harassed her by texting explicit photos.

FLSA lawsuit cocktail: Hourly staff mixing work, lunch

09/18/2009

When is your most diligent worker also your biggest lawsuit risk? Answer: When that nonexempt employee works through his or her lunch break or during other off-the-clock hours—a fact nobody realizes (or turns a blind eye to) until he or she sues for unpaid overtime.

Teach bosses right way to handle doctor notes

09/18/2009

Some supervisors become visibly annoyed when receiving a doctor’s note that sets work restrictions on one of their employees. If the employee sees that reaction and then suffers discipline or termination soon after, watch out! He or she could link the timing of the two events as evidence of discrimination or retaliation.

Beware bloated résumés: Extra skills don’t necessarily mean better-qualified person

09/18/2009

Employees who want a promotion sometimes get upset when they aren’t selected, especially if the job winds up going to someone they perceive as less skilled or talented. But if the spurned employee’s extra skills or training weren’t necessary, they aren’t particularly relevant.

Insubordination or legitimate gripe? It’s important to know the difference

09/18/2009

When one of your employees objects to alleged illegal or discriminatory conduct in the company, you can’t simply fire or demote the person. That would be considered illegal retaliation. Still, that doesn’t mean such employees have the right to be insubordinate, rude and nasty.

The new E-Verify mandate: Who must comply?

09/18/2009

A federal court brushed aside last-minute legal appeals from business groups, allowing implementation of the new E-Verify mandate for federal contractors, effective on Sept. 8. The U.S. Citizenship and Immigration Services published a list of frequently asked questions about the new rules, including who must comply and how. Go to www.uscis.gov/everify.

COBRA enrollments doubled since start of subsidy

09/18/2009

This summer, 38% of terminated employees bought into their former organization’s COBRA health insurance coverage plan. That’s double the 19% enrollment rate recorded during the end of 2008, according to a new Hewitt Associates report.

Do e-mail confidentiality notices provide protection?

09/18/2009

You see them all the time. The paragraph of legalese at the bottom of e-mails that attempts to provide protection from misdirected e-mails. Do they do any good?

Fatal injuries decline, but workplace suicides rise

09/18/2009

Last year, 5,071 Americans died on the job due to injuries. That’s down more than 10% from 2007. One disturbing trend: The number of suicides committed at the workplace jumped 28% last year to 251, the highest number ever recorded in a year.

Hold it! Must you allow unlimited bathroom breaks?

09/18/2009

Employers are required to offer job accommodations to employees who have qualifying disabilities, says the ADA. But if an employee has a medical condition that requires frequent bathroom breaks, does that count as a “disability”? The answer is clear, especially this year …