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Employment Law

Ensure arbitration agreement in application isn’t one-sided

03/27/2014
Employers that want to use arbitration to avoid protracted legal battles can include arbitration agreements in their applications and require applicants to sign as a hiring condition. That’s provided the agreement isn’t entirely one-sided.

When employee brings frivolous suit, demand recovery of your attorney fees

03/27/2014

Here’s some good news for em­­ployers facing a clearly frivolous lawsuit: The employee bringing the lawsuit may find himself on the hook for the employer’s legal fees. That only seems fair since ­employers often have to foot the bill for an employee’s successful lawsuit.

Employee doesn’t want FMLA leave? Court says you can’t force the issue

03/27/2014
When an employee requests time off for an FMLA-related reason, you should inform her she may be eligible and provide information on how to request leave. But sometimes, the employee may not want to use FMLA leave. Don’t force her.

Are you liable for boss bias outside work?

03/27/2014
Here’s a good reason to make sure your supervisors aren’t targeting some employees for poor treatment: If they boast about their attitude outside of work, those statements may be used against them—and the company.

Negotiating return to work? Don’t rush firing

03/27/2014
Sometimes, employees end up on unpaid leave after complaining about discrimination. Then the employee’s lawyers try to negotiate a settlement that includes returning to work. If you turn down such terms, make sure you get clarification on whether the worker will return even if you don’t meet her demands.

Out on FMLA: How much contact can we have?

03/27/2014
Q. What are the employer’s rights in contacting employees during their FMLA leave? Can we ask how they are doing? Can we expect they will stay at home recuperating in accordance with the doctor’s direction?

Lesson from the Facebook ‘Suck it’ case: Tweak your confidentiality agreement

03/25/2014
Confidentiality agreements—whether they’re in employee handbooks or legal settlements—typically require employees to refrain from talking or writing about some type of company secret. But as this new case shows, it’s wise to make clear that such disclosures are also banned on social media.

When discipline is called for, keep personal hostility from tainting process

03/24/2014
Here’s a reminder for supervisors who participate in disciplinary decisions: Tell them to keep their personal feelings about the employee to themselves and resist the urge to bring in stereotypes. No one, for example, should comment on the employee’s nationality, national origin or other protected characteristics.

Obama wants to expand FLSA overtime rules

03/19/2014

President Obama on March 13 ordered the U.S. Department of Labor to propose rules to “update and modernize America’s overtime pay system, so that millions of our nation’s salaried workers will have the protections of overtime pay.” The process, which will take months, could make overtime pay available to more management employees who are now considered exempt under the FLSA.

Changing hours: Must we talk to the union first?

03/19/2014
Q. Our employees recently voted for a union and we are now negotiating. Our policies say full-time em­­ployee status starts at 30 hours per week. All of our full-time employees currently work 40 hours per week. We want to decrease the hours of some employees (about 25% of them) from eight to six per day. Do we have to bargain with the union on this change or can we just notify them?