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

Employment Law

Race discrimination: Using independent contractors won’t earn you amnesty

12/17/2013
Don’t assume that just because a worker is an independent contractor, he can’t sue you when his contract isn’t renewed. While he may not be able to sue under Title VII for various forms of discrimination, he can still sue for alleged racial discrimination under Section 1981 of the original Civil Rights Act.

Instead of laying off, can we redefine the job, pay?

12/17/2013
Q. Are there any laws that prohibit offering a new job description with a lower wage in place of a layoff?

Union president in Longview sentenced for embezzlement

12/16/2013
A federal judge has sentenced the former president of GMP Allied Workers Local 284 to 12 months and one day in prison after he pleaded guilty to embezzlement charges. The union official admitted taking $124,181 from the Longview-based local between 2000 and 2011.

Fired for 1st violation? Better explain why

12/13/2013
There’s a first time for everything—including firing someone for violating a rule. But that may spell trouble if other employees weren’t punished for breaking the same rule.

Accommodation failing? Focus on performance

12/13/2013
Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But what should you do if you have made accommodations and they don’t seem to be working?

Same misconduct warrants same punishment

12/13/2013
You might assume that firing an employee for breaking a safety rule would be “safe” from judicial criticism. But if you don’t punish all workers equally for violating the same rule, you may run into trouble if the employee can show that others outside his protected class weren’t punished as severely.

Does your employee discipline have to be identical?

12/13/2013

Before your organization disciplines an employee, it’s always important to ask these questions: Have other employees violated the same policy? If so, what action did we take against that other em­­ployee? How similar are those two situations? One court recently said employers shouldn’t search for “identical” situations—“similar” is good enough.

U.S. Supreme Court: Key HR law rulings to watch for in early 2014

12/12/2013
The U.S. Supreme Court will hear a number of cases during the 2013-14 term that could affect em­­ployers. Look for decisions before the term ends in June 2014.

USERRA

12/12/2013

HR Law 101: USERRA requires employers to re-employ persons returning from duty in the uniformed services if they meet five cirtieria. Employers must provide to service members a notice of their rights, benefits and obligations …

Employee must use own vehicles for work? You could be liable, even on personal stops

12/11/2013
When you require employees to use their personal vehicles to visit clients or conduct other company business, your organization may be liable for injuries if they cause an accident—even if they’re technically not doing company business at the time.