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

Employment Law

Employers can be liable for harassing customers, too

12/01/2006

Employees have the legal right to work in a harassment-free environment, and employers must take corrective measures to end harassment when it comes to their attention. It doesn’t matter that the harassment comes from customers or others the employer has no control over …

Build a Sturdy ‘Escape Hatch’ Into Your Organization’s Discipline Policy

12/01/2006

Does your employee handbook outline a progressive discipline process and also include a contract disclaimer? If so, you may think the disclaimer prevents employees from claiming that the discipline policy was a "contract" that can’t be skipped over in favor of instant termination. But you’d be wrong …

Documenting ‘In Case of Litigation’ Isn’t Proof of Job Bias

12/01/2006

When dealing with difficult employees, supervisors often go the extra mile to document their interactions (and any discipline) in case the employee ever sues. But does this extra effort at documentation provide proof that the supervisor intends to discriminate? …

More teens allege sexual harassment as the EEOC and media heighten awareness

12/01/2006

Just because employees are young doesn’t mean they don’t know their rights to a harassment-free workplace. The media firestorm involving Rep. Mark Foley’s improper e-mails to teen pages in Congress raised awareness among workers, parents and employers about harassment of teen workers …

Navigating the National Labor Relations Act

12/01/2006

Congress passed the National Labor Relations Act (NLRA) in 1935 largely as a way of raising depression-era wages. The law gives employees basic rights to participate in unions, bargain collectively about compensation/ work conditions and engage in other protected "concerted activities" …

‘Secret’ reviews are bad policy and may be illegal

12/01/2006

Q. We don’t allow our employees to read or comment on their evaluations. Instead, we discuss the content with them one-on-one and have them sign an acknowledgment that they have discussed their performance. Do we have to show them the actual evaluation or give them a copy?—D.J., Michigan

Don’t dock hours from salaried employee’s pay

12/01/2006

Q. We have a salaried employee who holds down a second job. Sometimes, she leaves early on Fridays and comes in late on Mondays because the second job overlaps with our office hours. Can we deduct anything from her pay after she has used up her vacation and leave time? Or do we have to pay her even though she leaves early and comes in late? —D.J., Virginia

Pay travel expenses for new, longer commute?

12/01/2006

Q. One of our employees normally reports to a facility. But he’s out on workers’ comp and is doing light duty in the office, which is an extra hour of commuting time. I know we don’t have to pay for his commuting time, but what about his travel expenses? —M.T., Massachusetts

Know which leave counts toward FMLA

12/01/2006

Q. I told an employee who takes lots of intermittent FMLA leave that all of her time out of the office (no matter what it was for) would count against her FMLA time. My VP called me in and told me I was wrong and that was absolutely NOT the law. What is the best way to track her intermittent leave? Do I ask for documentation each time? —J.S., Texas  

Contesting Unemployment for Drunk Ex-Employee

12/01/2006

Q. We sent an employee home because he came to work clearly intoxicated. The police later picked him up wandering around, and he missed work because he was in jail sobering up. We fired him, and he filed for unemployment. Can we use the police report to challenge his unemployment claim?—R.H. Florida