The HR Specialist: Employment Law

An increasing number of those managers are filing FLSA lawsuits, claiming they should be classified as nonexempt, hourly employees—and, thus, due overtime—because they spend most of their time doing the same tasks as their subordinates. But that’s not the test.

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The U.S. Department of Transportation issued final regulations Dec. 2 that ban the use of hand-held cellphones by drivers of commercial motor vehicles, including trucks and buses on interstate routes.

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Employers will ring in some new laws in 2012 that will bring new opportunities and challenges, including the VOW to Hire Heroes Act and the Dodd-Frank amendments to the Sarbanes-Oxley Act.

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You’ve told managers before, now tell ’em again: Email may seem like private communication, but it really isn’t. Anything a manager says in an email may become evidence in a lawsuit.

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Eligible employees can take up to 12 weeks of FMLA leave during each 12-month period. But lawsuits often hinge on one question: Which 12 months? It’s the employer’s duty to let employees know how much leave they’re entitled to or have al­­ready taken.

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Nine in 10 employers expect litigation against their organizations to increase or stay the same in 2012 compared with 2011, according to Fulbright & Jaworski’s 8th annual Litigation Trends Survey Report.

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Test your knowledge of recent trends in employment law, compensation and benefits and other HR issues with our monthly mini-quiz.

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Do you offer extra off-duty training for employees that, while technically voluntary, is strongly recommended? If training participants are hourly employees, chances are you will have to pay them for this time.

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OSHA just released its list of the most frequently cited workplace safety and health violations for fiscal year 2011. Topping the list: fall protection in construction, scaffolding in construction, hazard communication, respiratory protection, lockout/tagout, electrical wiring methods, powered industry trucks, ladders in construction ,,,

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The EEOC issued an advisory letter last month that gives employers more clarity on their proper use of applicants’ arrest and conviction records during the hiring process.

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