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

Employment Law

Turnabout is fair pay: EEOC broke overtime law

04/07/2009

Even the feds can’t keep overtime law straight. An arbitrator has ruled that the EEOC—of all agencies!—willfully violated the Fair Labor Standards Act by forcing employees to take comp time instead of overtime pay when they worked more than 40 hours a week. Need more proof that there’s an irony epidemic these days? Increasing numbers of lawsuits are being filed against … lawyers!

‘Sensitive’ worker? Don’t sweat small stuff

04/02/2009

Workplace survival can require a thick skin. Some employees are just too sensitive to what co-workers say, assuming that every overheard comment is directed at them or meant to offend them in some way. The fact of the matter is that even a few incidents that border on harassment or religious intolerance aren’t enough to trigger a successful lawsuit.

On race, the customer isn’t always right

04/02/2009

When it comes to whom you employ, pay no attention to your customers’ preferences if they lead you to make illegal decisions. Simply put, employers can’t consider what race or ethnicity their customers or clients would prefer when making hiring decisions. That would be discrimination.

Investigate and—if appropriate—punish fast following claims of hostile work environment

04/02/2009

Always investigate a co-worker harassment claim right away. If you find a problem, fix it immediately. A rule of thumb: If co-workers say things that most people would find inappropriate, chances are the terms really are offensive—and likely to create legal liability. Most common slang for race or ethnicity is likely to cause trouble.

Remind employees: FMLA doesn’t promise reinstatement if leave extends beyond 12 weeks

04/02/2009

If you provide more than 12 weeks of disability leave, make sure that your employee handbook and policies spell out that employees may lose the right to return to their previous positions if they exceed the 12 weeks of unpaid leave guaranteed by the FMLA.

Settled discrimination case? Be prepared to show you’re complying with terms

04/02/2009

If you’ve agreed to settle a discrimination claim, here are some steps that prove you’re serious about maintaining a discrimination-free workplace. Taking these steps can short-circuit efforts to hold you in contempt of court for not doing enough to prevent further problems.

Track discipline to counter claims of discrimination

04/02/2009

Make sure everyone on your HR staff knows about every disciplinary action. Track who is disciplined and for what reasons. Use that data to do a self-audit. You’re looking to see whether members of a protected class are being punished more severely than others.

Proposed N.Y. law would stymie credit checks on job applicants

04/02/2009

The New York State Legislature is considering restricting employers’ ability to check job applicants’ credit. Critics of pre-employment credit checks have noted that the economic downturn has forced many people to miss payments, and that the practice may unreasonably rule out large numbers of applicants.

ESOP’s fable: The tightwad and the vanishing money

04/02/2009

According to a complaint filed with the DOL, Kellogg Auto Supply of Cortland disbursed ESOP benefits in 1999 based on the stock’s 1998 valuation. But it made no further distributions until 2008. The DOL filed suit charging the company and its president, Richard Coates, with violating ERISA.

Assessing witness credibility in workplace investigations

04/02/2009

During a workplace investigation, there are a number of practical steps that you, as an HR investigator, can take to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.