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

Employment Law

What are the privacy rules when searching an employee? We suspect theft

04/22/2009

Q. Can we open an employee’s personal space or belongings—such as her locker, purse or desk drawer—if we suspect she is stealing?

When an employee gets married, do we need new forms?

04/22/2009

Q. When employees get married, do we need new W-4s to show the new name? And do we need new I-9s?

How can we legally handle paychecks when employees use designees for pickup?

04/22/2009

Q. Once a year, we have employees show a picture ID and provide a signature that allows them to authorize someone else to pick up their paychecks for them. If an employee doesn’t provide ID and a signature, we will mail the check or hold it until he or she personally picks it up. Is this legal?

Train managers on new FMLA regulations

04/20/2009

New FMLA regulations went into effect in January. Now is an excellent time to offer everyone in management a refresher course in what the FMLA requires. If managers remain ignorant of the new rules—or the old ones still in place—you increase the risk that an employee will charge them with willful violations.

Banish any talk of old age, new blood

04/20/2009

A jury recently awarded a fired employee more than $10 million in punitive damages for age discrimination after what may seem like fairly insignificant ageist talk. Although the court has said the award should be lowered, the employee will still collect more than $6 million in compensatory damages.

Tell supervisors: Enforce attendance rules equally—or prepare for court

04/20/2009

If your organization uses progressive discipline to enforce your attendance policy, caution supervisors against making exceptions for some employees unless it’s clear the absence shouldn’t have been counted against them (for example, the absence was an FMLA-related reason or part of an approved ADA accommodation).

Beware behavior that ‘poisons the well,’ spawns discrimination lawsuits

04/20/2009

Poor attitudes among managers and supervisors can infect the rest of an organization, and courts are becoming more aware of the adverse effects of such so-called “poisoned wells.” As the following case shows, when higher-ups in the organizational hierarchy display signs of discrimination, those lower down may act on those signs.

USERRA protects those who left military years ago, too

04/20/2009

Employers that use an employee’s long-ago military service against him may be liable under the Uniformed Services Employment and Reemployment Rights Act. USERRA isn’t just for those who served in Iraq and Afghanistan.

Mich. employees have 3 years to sue for bias under state law

04/20/2009

If you haven’t heard anything lately from a former employee who griped about discrimination, don’t breathe easy yet. Michigan employees have up to three years to bring claims under Michigan’s Elliott-Larsen Civil Rights Act and Michigan’s Persons with Disabilities Civil Rights Act.

Judicial oracle OKs Delphi’s cuts

04/20/2009

Back in days of yore when Delphi was set free from General Motors, it kept a promise GM had made to salaried white-collar workers: They would have free life and health insurance for the rest of their days. Then the now-bankrupt Delphi moved to discontinue the promised benefits …