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

Employment Law

Take notes on all reference-check calls

01/27/2012

Sometimes, it’s a close call to decide who will be the best fit for a job or promotion. There may be several candidates with the relevant education, training and experience. If that’s the case, the decision may come down to who has the best “soft” skills—subjective qualities indicating a good fit. Checking applicants’ references can break that tie.

What to do if disability emerges after offer

01/27/2012

Job applicants aren’t required to reveal dis­­abilities during the hiring process. That means you may occasionally find yourself making a job offer to someone you don’t realize is disabled. At that point, what you say and what you do may mean the difference between smoothly integrating a new employee into the workforce and a costly, drawn-out lawsuit.

May we ask applicants about their religion?

01/25/2012
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

What should we do? The law and our union rules are on a collision course over harassment

01/25/2012
Q. Our union agreement says we must give 48 hours’ notice before dismissing a regular employee. But we have proof that two employees have been har­­assing—and continue to harass—black and gay em­­ployees. In fact, their har­ass­ment just caused us to lose a good em­­ployee who couldn’t take it any ­longer. What trumps what?

Is it legal to lower salesperson’s pay?

01/25/2012
Q. We are planning to change a salesperson’s pay from straight salary to a lower salary plus commission. Can we do this without violating wage laws?

Can we dock exempts for snow-day absences?

01/25/2012
Q. Due to recent snowstorms, some exempt employees have not been able to get to work. Can we dock the pay or accrued leave of employees who do not come to work? Can we do so even if the office is closed?

President proposes new pay rules for home health workers

01/25/2012

In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the DOL to change FLSA regulations covering home health care workers. Those workers have been exempt from the law since 1974 when the DOL lumped the workers into a “companion” category along with baby sitters and nannies.

Gov’t agencies: Time to rethink residency requirements?

01/25/2012
Many government agencies require applicants to live in the jurisdictions they will serve. There may be good reasons, too—like wanting public servants to understand the communities where they work or making sure they are available quickly in an emergency. That doesn’t mean those reasons won’t be challenged.

Consider having a witness to employee meetings

01/25/2012
When it comes to litigation, who said what is often the crux of the matter. That’s why it’s important to have a witness during any meeting involving bias complaints.

Beware making sudden changes in working conditions after employee announces pregnancy

01/25/2012
If a pregnant employee hears anything other than “Congratulations!” when she shares the news, she may get suspicious. And things will really get messy if the employee suddenly finds herself contending with schedule changes and comments indicating her pregnancy isn’t exactly welcome news.