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

Employment Law

New NLRB standard on changes favors employers

10/24/2019
The National Labor Relations Board has issued a favorable decision that makes it easier for employers to demonstrate that a unilateral change in terms and conditions of employment was permitted by the collective bargaining agreement.

Don’t turn down FMLA because paid leave is available

10/24/2019
While employees may prefer taking paid leave and will often use vacation, personal or sick time to have a paycheck, employers shouldn’t refuse an FMLA request just because paid leave is available.

Yes, you can require Social Security number to hire

10/24/2019
Some people refuse to use a Social Security number based on their religious beliefs. However, employers must know an employee’s Social Security number to comply with federal tax and immigration laws.

To sue for FMLA interference, employee must ask for FMLA leave

10/24/2019
In order to claim an employer violated the FMLA by denying leave, the employee must have actually requested that leave. She doesn’t have to formally state, “I am requesting FMLA leave.” However, what she says must at least be understood as a request.

Ensure internal records specifically support your decision to discipline or terminate

10/24/2019
If you must fire someone who has taken FMLA leave, be specific about the reasons when recommending discharge.

51 years old: The age discrimination tipping point

10/24/2019
American workers who are over age 40 say that 51 years old is the age at which Americans are most likely to experience age discrimination in the workplace, says a new survey of 400 people by Hiscox, an international insurance firm.

Don’t keep shopping for better doc opinions

10/24/2019
If two independent medical opinions say that an employee is healthy enough to return to work, don’t go chasing a third opinion. Courts frown on medical-opinion shopping and could see your actions as discriminatory.

Broad arbitration pacts offer most legal protection

10/24/2019
If you choose to use an arbitration agreement to settle workplace disputes, it may pay to make it as broad as possible.

Federal jury: Walmart must pay $5.2 million for ADA violation

10/22/2019
The EEOC won a major victory in federal court Oct. 11 when a jury awarded $5.2 million to a long-time Walmart employee who was suddenly denied an ADA accommodation that had been working for years.

Prepare for OSHA visit when labor is unhappy

10/21/2019
Pay extra attention to safety when your company is going through labor unrest. Federal safety inspections tend to rise when employers are facing a strike, claims of unfair labor practices, union organizing or other labor problems.