• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Hawaii

Free speech includes speech that is unpopular

09/26/2016
Government employees don’t lose the right to engage in free speech when they take a job. That extends to speech that the employer may see as unpopular or even dangerous.

Government employees’ internal complaints aren’t ‘speech’

09/26/2016
Public employees who complain internally about personnel decisions specific to them aren’t engaging in protected free speech.

OK to terminate disabled worker if there is no possible way to accommodate

09/26/2016

You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.

Backdoor computer access is a federal crime!

08/22/2016
Remind employees that attempting to access computer records after they terminate employment may land them in prison—even if they do so with the willing assistance of a current employee.

Ensure lawyer knows about arbitration clause

08/22/2016
If you use an arbitration clause to cut down on expensive litigation, make sure your attorneys know as soon as an employee sues. Otherwise, you may end up waiving your right to compel arbitration.

HR director can file wage-and-hour complaint

01/15/2016
Generally, employees who complain to their employer that they aren’t being properly paid or classified under the Fair Labor Standards Act are protected from retaliation for those complaints. But what about a manager?

‘Evergreen clause’ may mean contract didn’t expire

10/21/2015
Here’s something to consider when contracting with a union. If the contract contains a so-called “evergreen clause,” be sure to follow the directions if you want to cancel the agreement after a term.

9th Circuit: 10-year age difference creates presumption of age discrimination

09/21/2015
Generally, older employees who are turned down for promotions or aren’t hired must show that the person who was hired was younger. But how much younger? That question has now been answered by the 9th Circuit Court of Appeals.

Don’t set weekend deadline for appealing benefits denial

08/26/2015
When an employer (or plan administrator) denies a request to receive an ERISA-covered benefit, it must inform the employee that he must appeal by a certain date, typically 180 days. When the 180th day falls on a weekend, those days aren’t counted.

No formal ADA accommodation request required

08/26/2015

Employers can’t rely on the lack of a formal reasonable accommodations request as the basis for not providing one if it is obvious the employee is disabled and has informally indicated he needs help. There are no magic words required, no need to invoke the ADA, the Rehabilitation Act or state disability statutes.