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

Employment Law

Impartiality assured: Panel limits judges’ Facebook friends

01/11/2010

We all know the law often plays catch-up with technology. Well, the Florida Judicial Ethics Advisory Committee is attempting to bring judges into the 21st century with the perfect combination of high tech and tight restrictions. The committee has advised judges who use the Facebook social networking web site not to “friend” lawyers who might appear before them.

Suspect doc is a ‘certification specialist’? Ask for second and even third opinions

01/11/2010

It happens more often than you might think. An HR office begins receiving an unusual number of FMLA certifications from the same doctor. The sudden deluge happens during peak production times when employees are required to work mandatory overtime. It all points to what amounts to a scam:

Firing employee who complained of harassment? Don’t let alleged harasser play any role

01/11/2010

Here’s a rule of thumb to follow: An alleged harasser should have no part in a later termination decision involving his or her accuser. Giving the alleged harasser any role in the firing is almost certain to spur a retaliation lawsuit, even if it turns out the harassment claim doesn’t stick.

Independent judgment often key to exempt status

01/11/2010

Smart employers make sure that employees classified under the administrative exemption have the authority to make independent decisions.

Cut liability by acting fast following employee complaint

01/11/2010

Under Florida law, employees whose supervisors treat them so outrageously that they suffer emotional damage may have a claim for intentional infliction of emotional distress. But the conduct has to rise to a level that is truly outrageous. That’s why taking quick action after the employee first complains can help prevent a minor workplace problem from becoming a legal catastrophe.

Tampa enacts law banning transgender discrimination

01/11/2010

By a 5-to-1 vote, the Tampa City Council has passed legislation banning discrimination based on gender identity and expression in employment, housing and public accommodation.

OSHA eschews Mickey Mouse approach with Disney World

01/11/2010

OSHA has cited Walt Disney World following two fatal accidents at the amusement park. Last July, a monorail train operator was killed when a switching error brought two trains together on the same track. In August, an actor died from injuries suffered during Disney’s new “Pirates of the Caribbean” stage show.

Catch all 22 evidence preservation steps in case of litigation

01/11/2010

Employers and HR professionals hear it all the time: You must be prepared to preserve relevant corporate information and data and produce it if you are sued. You can take some preparatory steps to ensure that you can comply with inevitable litigation holds and are proficiently primed to assist your attorneys should litigation occur. This list of 22 to-do’s can guide your document and data preservation and retention procedures:

Employment testing and discrimination in the post-Ricci era

01/11/2010

Like every other aspect of the employer-employee relationship, a variety of federal and state laws govern how employers can administer job-related tests. Last year, the U.S. Supreme Court ruled in Ricci v. DeStefano that employers violate Title VII if they do not validate job testing results solely because they fear a lawsuit.

How should we respond to a subpoena for one of our employees’ personnel records?

01/11/2010

Q. We recently received a subpoena to produce an employee’s personnel file in connection with a lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?