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

Employment Law

Good judgment, thorough documentation win cases

05/30/2012
Your organization will be sued at some point. That’s why you should make sure every employment decision is backed by good judgment. Document the decision for later use.

Be prepared to explain why hiring criteria favor experience more than education

05/30/2012
Some jobs demand relevant, real-world work experience. If a failed applicant sues, claiming a college degree should have trumped on-the-job experience, you’ll probably win—if you can justify your experience requirements.

Hiring managers aren’t doctors! Don’t let them turn away disabled applicants

05/30/2012
Remind managers who take job applications that they can’t automatically turn away applicants with disabilities. That can cause a lawsuit that could result in huge punitive damages.

Consider both the ADA and the FMLA when handling employee substance abuse

05/30/2012
The ADA and the FMLA work together to give options to employees with drinking problems, with the goal of helping them get sober and stay that way. If one of your employees needs treatment for alcoholism, consider both laws when approving time off or altering his schedule.

Court: Union contract limits arbitrator’s role

05/30/2012
In a union workplace, the collective bargaining agreement outlines rights for both employees and the employer. It also defines the powers an arbitrator may have if called on to interpret the contract. If the arbitrator goes too far, a court can reverse his or her decision.

FMLA mentioned? Beware inadvertent retaliation

05/30/2012
After an employee tells you he needs FMLA leave, don’t let that information affect your decision-making about promotions or transfers. That could trigger a lawsuit.

NLRB union poster on hold: Can we still post it?

05/29/2012
Q. We had the NLRB union-rights notice laminated and it is ready to be posted in our break room. Now the deadline is off. Can we still display it?

Facing an EEOC claim: Can we ‘stall’ it to death?

05/28/2012

Q. How is it possible to get out of an EEOC discrimination complaint if the employee has tape recordings to prove the claim? Can we prolong the process so the time can run out or is there no time limit in how long the EEOC waits for a position statement from us?

Long hair nets settlement in Taco Bell religious bias case

05/25/2012
A Taco Bell franchisee in Fayetteville has agreed to settle a religious discrimination lawsuit filed by the EEOC. The commission sued last year on behalf of an employee who had worked at the restaurant for six years before the length of his hair became an issue.

DOL takes tough stance on enforcing tip rules

05/25/2012
The U.S. Department of Labor has issued final regulations that specify that employees’ tips are their sole property, regardless of whether employers take the tip credit.