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HR Management

Preserve records or face jury’s wrath on overtime pay

04/01/2007

If you get wind of a possible lawsuit over unpaid overtime, make sure all your payroll records remain intact and available. Don’t crank up the shredder. If you dispose of related documents, the penalties under Ohio law can be especially harsh …

Michigan Employers Must Post Job-Related Injuries by April 30

04/01/2007

The Michigan Department of Labor is reminding employers that they must post employees’ job-related injuries and illnesses from 2006 …

Failing to track FMLA leave requests erases your right to challenge time off

04/01/2007

It’s crucial to keep meticulous FMLA records, from requests to approvals to return-to-work discussions. If you fail to create a solid paper trail, courts will resolve any questions in the employee’s favor …

How long to retain applications and résumés?

04/01/2007

Q. How long do we have to keep applications and résumés? — L.P., Kansas

If you handle insurance enrollment, be alert to liability for lost, late paperwork

04/01/2007

When employers assume substantial benefit-administration duties, they may be liable when the proper paperwork doesn’t get to where it should. Because federal law imposes a fiduciary obligation on benefit administrators, employers may be sued when they assume the administrator’s role …

Keep good records of employee leaves; workers have three years to file FMLA suits

04/01/2007

It pays to keep some records longer than you think you’ll need them. For example, any notes, correspondence, medical certifications and other documents related to an employee’s FMLA leave request should be kept a minimum of three years …

Put incentives in writing; don’t let managers blurt them out

04/01/2007

Remind supervisors to avoid the temptation of making oral promises that they may not be able to keep, even if that means losing an employee who has another job offer. …

Personality Conflict With the Boss Isn’t a ‘Disability’

04/01/2007

Employees who claim an ADA-protected disability will have to cite more than a simple personality clash with their boss. Such conflicts won’t win an ADA lawsuit even if working with a particular supervisor makes the employee anxious, depressed and angry …

Establish rules on internal promotions to avoid lawsuits

04/01/2007

When it comes to internal promotions, you’re on the safest legal ground if you set clear procedures. That way, employees who don’t land coveted promotions can’t claim the reason was discrimination …

Make sure your arbitration agreement is valid in Ohio

04/01/2007

Arbitrating employment disputes in lieu of going to federal court can save your organization time and money if the agreement sticks. But just one mistake in drafting and implementing the agreement could end up costing you more, not less …