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HR Management

Employer responsibilities when subpoena demands personnel files

03/01/2008
Q. What should the employer do when an employee’s personnel file is subpoenaed? …

How long must we retain the records on former employees?

03/01/2008
Q. We’re drowning in paper and have pretty high turnover. That means we keep records for lots of former employees. How long is an employer required to keep employment records and notices under state law? …

When romance goes bad: Protecting the company from the fallout

03/01/2008

When office romances sour, scorned lovers often use Title VII to allege that their former lover was a sexual harasser. And even if the lovers are happy, workplace romances can cause problems in the office or on the shop floor. If co-workers feel a love affair results in favoritism, the relationship may lead to charges of conflict of interest, harassment, retaliation or discrimination …

Workplace flexibility: no longer one-Size-Fits-All

03/01/2008

A flexible workplace is flexible in its flexibility. Flextime and flex-place are no longer accommodations for working mothers alone. They are part of a business strategy that helps keep employees productive …

Afraid to discipline disabled employee? Just follow the rules

03/01/2008

Sometimes, it may feel like everyone in HR is walking on eggshells, especially when it comes to disciplining employees who say they have disabilities. It doesn’t have to be that way—if you have a comprehensive employee handbook and consistently follow it …

Make sure your handbook includes a disclaimer—And that employees sign it

03/01/2008

No doubt you have an employee handbook. It probably includes a disclaimer warning employees that the handbook isn’t a contract and that employment is at-will. Make sure each and every at-will employee signs an acknowledgment of receipt so you can prove he or she knew the handbook contained no binding promises …

You don’t need a second opinion to reject FMLA certification

03/01/2008

The 6th Circuit Court of Appeals, which covers Michigan, recently handed employers some ammunition to fight FMLA claims. In its decision in Novak v. MetroHealth Medical Center, the court reaffirmed that an employer is not obligated to get a second opinion when it rejects an employee’s certification paperwork …

What if employees balk at new mandatory arbitration procedure?

03/01/2008

Q. We are considering adopting a new mandatory arbitration procedure. We are concerned that some of our employees won’t agree to the change in our policy. What should we do? Should we tell employees that they will be terminated if they don’t agree? Will employees be bound by the policy if they don’t agree and we don’t take any further action? …

One-Size-Fits-All harassment reporting policies don’t really fit all

03/01/2008
If you downloaded your company handbook from the Internet or took it with you from your last job—beware! Take a look at your anti-harassment policy’s reporting procedures. A new court ruling shows why you should take your policy out, dust it off and look it over closely … at least before a jury does …

Drivers’ overtime suit gets class-Action status

03/01/2008
On Jan. 4, a California Superior Court judge certified a class action brought by drivers who claimed they had been denied meal and rest breaks in violation of California law. The suit was brought by approximately 345 White Cap Industries delivery drivers …