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Key to beating lawsuit: Belief worker broke rule

07/13/2011
Employers that can show they fired an employee for violating a company policy will generally win any subsequent lawsuit—if they can show they reasonably believed that’s what happened. It doesn’t matter if later it turns out the employer was wrong.

What’s this new technology designed to help employees track their hours worked?

07/13/2011
Q. I heard something about a new wage-and-hour smartphone app that the Department of Labor has announced. What does it mean for our company?

Check your web policies: NLRB looks at employee Facebook posts

07/13/2011
Facebook and other social net­working web sites are signifi­cantly changing the way people com­mu­ni­cate—and that communication isn’t always merely personal. Em­ployees sometimes post comments criticizing their jobs and employers. Tempting though it may be, think twice before punishing employees for online behavior that you think maligns your organization.

FMLA policy: How do I draft it if few are eligible?

07/13/2011
Q. Our company has 250 employees in eight states, but we have FMLA eligible employees in only one state. As I rewrite our employee handbook, I will include the mandatory FMLA language. However, I would like some input on what type of policy, if any, to include for non-FMLA eligible employees.

The cure for FMLA pains … a Cancun vacation?

07/08/2011
Ever wonder if your employees out on FMLA leave are really sitting on a beach sipping a drink with a little umbrella in it? If you think employees are violating your policies, what can you do? One court ruled last month that you can fire such an employee … but first make sure you have the right policies in place.

Got off-site workers? Heed these 6 important legal risks

07/07/2011
Beyond choosing the right positions for telework, employers must address important legal issues before adopting a telecommuting policy. Be prepared to consider how such a policy will be affected by the Fair Labor Stand­­ards Act, OSHA, the ADA, workers’ compensation rules, privacy concerns and tax laws.

Sued for bias? Prepare to hand over personnel files

07/06/2011
Personnel records contain information that’s prime material in any employment discrimination lawsuit. An employee who alleges discrimination is entitled to see how she compares with other similarly situated employees, and can do that by reviewing relevant personnel files.

Overly sensitive employee or bully boss? Trust your HR instincts to decide who’s right

07/06/2011

Sometimes, HR professionals have to make judgment calls about who is telling the truth. In fact, just about every workplace investigation requires assessing the credibility of employees, co-workers and managers who disagree about what happened. Take, for example, an employee who complains about a supervisor’s harassment or hostility.

Having a hard time hiring? Blame today’s skills mismatch

07/05/2011
Just because your organization is ready to hire again doesn’t mean it will be easy to find the right people to fill your available jobs. Here are four realities you’re almost certain to face as you try to fill the vacancies in your organization.

The HR I.Q. Test: July ’11

07/05/2011
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz.