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

Employment Law

Inter-Con security guards strike at Kaiser Permanente facilities

07/01/2008

Building security officers employed by Inter-Con Security Systems and seeking representation by the Service Employees International Union (SEIU) staged a series of one-day strikes in May at 23 California Kaiser Permanente medical facilities …

How should we pay exempt employee who was terminated midway through the week?

07/01/2008
Q. We recently terminated an exempt employee halfway through a workweek. Given the Fair Labor Standards Act requirement that exempt employees must be paid on a salary basis, are we required to pay the employee for the entire week?

Can we replace a worker who is out on pregnancy disability leave?

07/01/2008

Q. One of our employees is on pregnancy disability leave. We are a small company and it will be difficult for us to keep her position open. May we hire another worker to replace her based on this hardship? …

Make sure bosses tell employees how to report harassment

07/01/2008
Have your supervisors and managers kept up with the changes by regularly reminding all employees—new and old—how they can report alleged sexual harassment? If not, you need to set up a training schedule. It’s the best way to ensure no employee will come out of left field with a sexual harassment complaint, take it to court—and win …

Balance ADA rights when worker returns from FMLA leave

07/01/2008
An employee who takes FMLA leave is entitled to return to her former job when she recovers. But what if she still needs more time to fully recover and can’t do her old job? Can you refuse to reinstate the employee? Before leaping from that litigation-prone ledge, consider whether the employee may be covered by the ADA …

Be nice to that ex-Employee who sued! He might come back

07/01/2008
When an employee who was fired or didn’t get a promotion sues, it’s easy to get angry—especially if you don’t believe you or your organization’s supervisors did anything wrong. But that’s a mistake. The better approach is to remain cordial and civil. Here’s why …

You may not even see EEOC complaint until lawsuit hits

07/01/2008
In a new twist on an already complicated HR world, an employer now may find itself served with a federal discrimination lawsuit without any inkling that a case was even brewing. Ordinarily, the employer gets a copy of the employee’s EEOC complaint before anything else happens. But what happens if the EEOC doesn’t let you know about the complaint and the employee goes to court? …

Don’t delay paying overtime for workers on temp assignments

07/01/2008
Sometimes, employers send employees away on temporary assignments. Often, that means long hours in strange locations and less communication between employees and the home office. That doesn’t mean, however, that you can delay paying legitimate wages—such as overtime—if the employee isn’t exempt …

Former worker never should have been hired? You’re not off the hook for discrimination

07/01/2008
Let’s say you learn that a former employee misled you during the hiring process, failing to reveal something so serious that—had you known—would have prevented you from making a job offer in the first place. Now your former employee is suing you for discrimination. Does the new information that came your way kill the lawsuit? …

Public employers, take note: Appeals court rules on firefighter/Paramedic exemption

07/01/2008
The 3rd Circuit Court of Appeals, which has jurisdiction over New Jersey employers, has finally ruled on a sticky point that has perplexed many fire departments. The court has concluded that paramedics who also have firefighting responsibilities can be paid less than time-and-a-half for overtime under the Fair Labor Standards Act …