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Employment Law

Are we liable if worker wrecks during commute?

03/30/2009

Q. We have had some bad weather lately. Is our company liable if an employee has a wreck on the way to work?

May we supplement unemployment comp benefits for temporarily laid-off workers?

03/30/2009

Q. We need to temporarily lay off some employees. It will be hard for them to make it on the amount of unemployment benefits. Can we supplement their unemployment benefits without interfering with the unemployment benefits?

If we supplement unemployment comp benefits, must we pay FICA/FUTA on it?

03/30/2009

Q. If we have a Supplemental Unemployment Pay Plan to supplement unemployment benefits, do the company and the employee have to pay FICA and FUTA taxes on the supplemental pay?

Does North Carolina have a mini-COBRA law?

03/30/2009

Q. Our company employs fewer than 20 employees, so federal COBRA does not apply to us. Is there a state law that allows continued health care coverage following termination of employment?

Is there a state health continuation subsidy?

03/30/2009

Q. Is North Carolina providing a subsidy for health care continuation for employers with fewer than 20 employees similar to the federal subsidy contained in the new economic stimulus law?

BK hands over $85,000 after boss seeks sex from teen worker

03/30/2009

A Clemmons Burger King is the latest fish caught in the EEOC’s teen sexual harassment net. Burger King will pay $85,000 to a teenage employee who was subject to unwanted touching, sexual advances and requests for sexual favors from the store’s general manager.

Promoting? Avoid any appearance of favoritism

03/26/2009

Choosing which of your employees to promote is always difficult, since at least one employee will be disappointed. That can lead to friction or even a lawsuit. That’s why it’s crucial for the entire process to look—and be—as transparent as possible. You simply must avoid any appearance of favoritism.

Elected officials can fire holdover appointees

03/26/2009

A newly elected official may want to terminate those employees politically tied to his predecessor—and he often may ask HR how to handle the firings. Because such cases can be close calls, always refer the matter to experienced legal counsel.

Tell well-intentioned managers: You must route all ADA accommodation requests through HR

03/26/2009

Sometimes, immediate supervisors want to be helpful when a valued employee asks for disability accommodations that seem reasonable. Instead of having HR handle the ADA process, they just make the accommodations themselves. That’s a scenario for trouble down the line.

Refer to the rule book: Hiring and promotion policies belong in your employee handbook

03/26/2009

Employers with a good employee handbook that explicitly sets out the rules for handling hiring, promotions and raises have a huge advantage if there’s ever a complaint that those processes have been unfairly applied. Clearly written policies are one great way to counter the “he told me” claims …