Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Hawaii

Set—And enforce—Text messaging and paging privacy policy

07/18/2008

Public employers may have to revise their cell phone, e-mail and text messaging policies in light of a recent 9th Circuit Court of Appeals decision. If you handle HR for a government agency, make sure you have a strong privacy policy that spells out your right to read text messages transmitted over employer-paid services …

Ensure employees know how to complain about retaliation

07/01/2008

You know that employees who complain about harassment or discrimination shouldn’t suffer retaliation. But do you have a mechanism in place that prevents such retaliation? If not, it’s time to come up with one. Nipping retaliation in the bud is far cheaper than defending it in court …

In hospitals, have evidence union messages upset patients

07/01/2008

Generally, employees have the right to wear union insignia in the workplace. But in some limited circumstances in health care settings, employers can restrict that right if the restriction is “necessary to avoid disruption of health care operations or disturbance of patients” …

Don’t let one rogue manager brand you an age discriminator

05/16/2008

Even if an employer has a good history of avoiding age discrimination in hiring, it can be sued for age discrimination if a reduction in force disproportionately affects older workers. Generally good hiring practices don’t prove that no discrimination occurred when drawing up the RIF list …

After discrimination complaint, be sure to document any potential disciplinary moves

05/16/2008

State and federal laws protect employees who file discrimination complaints from retaliation for making those complaints. That’s why it’s a good idea to make sure you carefully document any disciplinary moves that occur after an employee has complained of discrimination …

Justify drug testing program with business-Related rationale

04/18/2008

Many government employers ask applicants to submit to drug testing before beginning work. A recent 9th Circuit Court of Appeals ruling may make employers rethink that strategy and prepare to clearly articulate a business-related reason for drug tests. A blanket testing policy may spell trouble …

Lack of female supervisors a red flag for discrimination

04/18/2008

Have you taken a good look at who fills supervisory roles at your workplace? If not, you should. Having very few female supervisors may spell trouble. Having none is like carrying a sign that reads, “Sue me now!” Employees suing for sex discrimination could point to the lack of female supervisors as evidence supporting their claims …

Degree of control changes status from contractor to employee

04/01/2008

More and more courts are ignoring the labels companies and independent contractors put on their relationships—and even rewriting the relationship in some cases. That means that someone an organization has carried on the books as an independent contractor can be reclassified as an employee …

Directors and volunteers don’t count as employees

03/01/2008

The ADA applies to employers with 15 or more employees. The Age Discrimination in Employment Act (ADEA) covers employers with 20 or more employees. Pretty clear, right? But whom you count is crucial, especially if your head count is right on the cusp of the ADA or ADEA threshold …

Shots for unionized med workers subject to bargaining

02/01/2008

Lately, the Centers for Disease Control regularly warns about the danger of the next super bug or pandemic flu outbreak. That’s one reason it’s no surprise that health care facilities want to inoculate staff against contagious illnesses. But in a union environment, it may not be enough to simply order employees to get shots …