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

Safety/Health

Can we impose a disciplinary day off against an exempt employee?

02/01/2008

Q. One of our department managers consistently violates our safety policies. We have written him up before, but that does not seem to get through to him. Our safety consultant has suggested that we give the manager a day off without pay to “send a message.” I am concerned that we may have a problem under wage-and-hour laws—that an employer cannot deduct wages from an “exempt” employee. This manager works long hours, and we do not want to face a claim that we made him a nonexempt employee because of a one-day disciplinary suspension. Your thoughts? …

Want healthy employees? Offer a flexible workplace

02/01/2008

The advantages of a healthier work force are many—fewer sick days, higher productivity and less-painful health insurance costs. But how can employers encourage a healthier lifestyle without nagging? One surprising way: allow flexible scheduling, such as job sharing, telecommuting and compressed workweeks …

Shots for unionized med workers subject to bargaining

02/01/2008

Lately, the Centers for Disease Control regularly warns about the danger of the next super bug or pandemic flu outbreak. That’s one reason it’s no surprise that health care facilities want to inoculate staff against contagious illnesses. But in a union environment, it may not be enough to simply order employees to get shots …

Specify some offenses as dischargeable, and follow through

02/01/2008

Employers have a legal obligation to provide a safe working environment, and that includes taking reasonable measures to ensure that violence stays outside the workplace gate. Your employee handbook should include “no violence” and “no threats” clauses, explaining that verified violence or threats mean immediate dismissal …

Take it easy: It’s just a couple of nuclear reactors

02/01/2008

Exelon Corp. has decided to make security at its 10 nuclear power plants an internal function after private security guards at its Peach Bottom plant in York County were videotaped sleeping on the job. Exelon terminated its security contract with Florida-based Wackenhut Corp. …

Responding to mold allergy illness complaints

02/01/2008
Q. We have an employee who claims she feels sick whenever she is at work. She attributes it to a mold allergy. What should I do?

You don’t have to put up with disruptive behavior

02/01/2008

Have you tiptoed around an employee’s poor behavior because he belongs to a protected class? You don’t have to tolerate rudeness, threats or other disruptive acts. Just make sure you have clear rules in place and enforce them equally against everyone who breaks them. And remember: You have an obligation to provide a workplace free of violence …

Despite ERISA workers’ comp plan, employee can still sue for negligence

02/01/2008

Texas employers that opt out of the state workers’ compensation system often adopt separate insurance plans to cover employees’ on-the-job injuries. Those plans usually provide no-fault benefits and are governed by ERISA. That doesn’t mean, however, that employees can’t sue under other state laws …

Tests to determine whether BP equipment caused fatal accident

02/01/2008

The attorney for the family of a worker who was fatally injured at BP’s Texas City refinery recently stated that he will have a metallurgist test equipment to determine whether its age and condition were factors in the accident …

OSHA safety reporting requirements

02/01/2008

Q. What information must be included in an OSHA Log 300 and when must it be posted? …