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

Employment Law

Remind supervisors: They can be held personally liable for many work-related problems

01/28/2014

Quite often, employees’ attorneys make sure supervisors are separately charged and individually liable. Cite this trend during training to instill in your managers and supervisors that they need to follow the professional advice HR provides—or else face the consequences.

Know the documentation rules and timetables for FMLA certification requests

01/28/2014
You don’t have to take an em­­ployee’s word for his need for FMLA leave. In fact, it’s a good practice to always require a certification. Just make sure you understand the rules.

Liability on the line: Choose words carefully

01/28/2014
Warn supervisors to watch what they say. Making a statement that suggests the employee’s gender was in any way connected with workplace discipline is asking for a lawsuit.

The EEOC Reporting Process

01/28/2014
HR Law 101: Don’t hesitate to inform employees about their right to report sexual harassment to the EEOC or a state agency. Your failure to provide information about alternatives to internal reporting won’t prevent employees from seeking redress from a government authority …

FLSA: Overtime and Base-Rate Pay

01/25/2014

HR Law 101: Employers must pay overtime to nonexempt employees who work more than 40 hours in a single workweek. The overtime rate is one and a half times an employee’s hourly rate. If an employee earns a fixed hourly rate with no other compensation, computing the base rate is easy. But in many cases, it’s not so simple …

Supreme Court hears arguments on NLRB recess appointments

01/24/2014
The U.S. Supreme Court recently heard oral arguments in a closely watched case involving the president’s recess appointment power. The case appeals a federal court ruling that President Obama’s appointment of three members to the National Labor Relations Board in 2012 was unconstitutional.

Now what? Bad former employee wants a reference

01/24/2014
Q. I received a call from an employee I recently fired, letting me know she listed me as a reference. She was terminated because of performance. Can I disclose that information to a potential employer?

Unpaid internships could be very expensive for employers

01/24/2014

By some estimates, more than a million people participate in internships each year in the United States, as many as half of them unpaid or for less than the minimum wage. That can be a problem for em­­ployers: Misclassifying employees as unpaid interns can result in costly litigation, civil fines or both.

Despite misgivings, judge backs Applebee’s arbitration policy

01/24/2014
A waiter at a Philadelphia area Apple­­bee’s will have to go it alone against the company after a federal judge reluctantly admitted the man signed away his right to litigate in federal court when he joined the company.

Frequent absences? Show when you decided to fire

01/24/2014
If you’re ready to fire an employee for missing too much work, be sure to document the absences and pinpoint when you made the termination decision. Your records may come in handy if she sues and claims her leave was FMLA-protected.