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

New York

Investigate and—if appropriate—punish fast following claims of hostile work environment

04/02/2009

Always investigate a co-worker harassment claim right away. If you find a problem, fix it immediately. A rule of thumb: If co-workers say things that most people would find inappropriate, chances are the terms really are offensive—and likely to create legal liability. Most common slang for race or ethnicity is likely to cause trouble.

Remind employees: FMLA doesn’t promise reinstatement if leave extends beyond 12 weeks

04/02/2009

If you provide more than 12 weeks of disability leave, make sure that your employee handbook and policies spell out that employees may lose the right to return to their previous positions if they exceed the 12 weeks of unpaid leave guaranteed by the FMLA.

Settled discrimination case? Be prepared to show you’re complying with terms

04/02/2009

If you’ve agreed to settle a discrimination claim, here are some steps that prove you’re serious about maintaining a discrimination-free workplace. Taking these steps can short-circuit efforts to hold you in contempt of court for not doing enough to prevent further problems.

After the fact, employee can’t claim illness caused absence

04/02/2009

Sometimes, employees hesitate to tell supervisors about their medical problems, especially if they feel there’s a stigma associated with the condition. But if the employee misses work and is fired, she can’t use the medical excuse to get unemployment compensation benefits.

Track discipline to counter claims of discrimination

04/02/2009

Make sure everyone on your HR staff knows about every disciplinary action. Track who is disciplined and for what reasons. Use that data to do a self-audit. You’re looking to see whether members of a protected class are being punished more severely than others.

Proposed N.Y. law would stymie credit checks on job applicants

04/02/2009

The New York State Legislature is considering restricting employers’ ability to check job applicants’ credit. Critics of pre-employment credit checks have noted that the economic downturn has forced many people to miss payments, and that the practice may unreasonably rule out large numbers of applicants.

ESOP’s fable: The tightwad and the vanishing money

04/02/2009

According to a complaint filed with the DOL, Kellogg Auto Supply of Cortland disbursed ESOP benefits in 1999 based on the stock’s 1998 valuation. But it made no further distributions until 2008. The DOL filed suit charging the company and its president, Richard Coates, with violating ERISA.

Assessing witness credibility in workplace investigations

04/02/2009

During a workplace investigation, there are a number of practical steps that you, as an HR investigator, can take to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Juggling vacation, military and family leave under new FMLA regs

04/02/2009

The FMLA now requires employers to give employees serving in the military (or who are next of kin to service members) up to 26 weeks of unpaid leave under specific conditions. While few employers begrudge military families such leave, unforeseen leave can pose scheduling problems as employers come into the summer vacation season.

What should we do? Applicant refused to authorize background check

04/02/2009

Q. An applicant, citing reasons of privacy, has refused to sign the written authorization to permit a background check. What can we do?