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Employment Law

Same-sex marriage: What the trend means for employers and HR

07/17/2008

No federal law mandates that employees who are in state-sanctioned same-sex unions must receive the same employee benefits that heterosexual married couples receive. But the writing is on the wall. And even employers in states that ban same-sex unions may find themselves targeted by advocates for greater benefits … 

Can the DOL contact our former employees?

07/17/2008
Q. We’re in the middle of a U.S. Department of Labor audit. Investigators are looking at payroll records for the past two years. Now they want the names, addresses, phone numbers and positions of all employees who left within the past two years. Do they have the right to this information? Can they go back two years? — D.G., Rhode Island …

Post-childbirth FMLA leave: Taken in two parts?

07/17/2008

Q. One of our employees recently immigrated to the United States. She is pregnant and told us she plans to take eight weeks’ FMLA leave immediately after the child is born. A few months later, she’d like to return to her home country to visit family for a month. In other words, she wants to split her FMLA leave into an eight-week period and a four-week period. Can FMLA leave for a new child be split up in this fashion?

Retaining Old Org Charts: Why … and for How Long?

07/15/2008

Memories fade and employees come and go. That’s why it’s crucial for HR to keep certain records for future reference. Among these records are organizational charts showing who had supervisory and other authority over other employees. Why? Lawsuits over lost promotions or firings can take years before they actually go to trial …

Tell employee as soon as you make decision to terminate

07/14/2008
Do you let employees know they will lose their jobs as soon as the final decision has been made? Or do you wait until near the effective date? If there’s no other reason for delaying the notification (e.g., you fear the employee will retaliate by destroying records or stealing secrets), tell employees right away. Here’s why …

Investigate even when employee complains belatedly

07/14/2008

When it comes to reporting sexual harassment, employees have an obligation to use their employer’s complaint process, even if doing so may be uncomfortable. If they don’t, they may lose the right to sue for a hostile work environment. But what happens if an employee has tolerated mild harassment for years without complaining? …

Be ready to justify different punishment for like offenses

07/14/2008
The cardinal HR rule is that employees who break the same rule should receive similar punishments. That doesn’t mean, however, that you have no flexibility if the circumstances warrant it. You just have to make sure you can justify why you disciplined one employee differently than another …

Understand the ADA basics: Diagnosis not always equal to disability

07/14/2008
We hear and read that Americans are developing diabetes, heart disease, obesity, high blood pressure and other health problems at an alarming rate. But it doesn’t follow that large segments of the workforce are disabled and entitled to ADA accommodations for their ills.

It’s OK to ask questions about applicant’s ability to do specific job

07/14/2008
Tell your hiring managers the good news. They can question an obviously physically challenged applicant’s ability to perform a specific job without risking a successful disability discrimination lawsuit based on regarding the applicant as disabled. The key is to stick to questions related to the exact position the applicant seeks …

Don’t sweat innocent mistakes when deciding on disciplining

07/14/2008
Good news: You don’t have to be perfect when disciplining employees. As long as you can show you acted in good faith, you don’t have to worry that a court will second-guess your disciplinary decisions …