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

The risk isn’t new—e-mail has been around for a while. But managers and supervisors still continue to play fast and loose with their e-comments. E-mail messages are increasingly finding their way into employment-law court battles. Remind managers in the hiring process that it’s typically better to pick up the phone or walk down the hall to discuss a candidate than it is to send an e-mail.

With 70% of all corporate records now stored electronically, HR must make sure their organizations’ systems are set up to retrieve critical information on demand. That’s essential if your organization is sued. Long delays in providing evidence can lead to needless litigation costs—and crush your chances in court.

Employers are obligated to engage in an interactive accommodations process when disabled employees request an accommodation and one is possible. But if you’re confident it’s not possible to accommodate the disabled worker—that he would never be able to perform the job’s essential functions—then you don’t have to go through the motions.

One of the best ways to guarantee an employee will get her FMLA case in front of a jury is for her boss to mention her use of FMLA leave while discussing termination. FMLA is a “protected” leave for a reason. A good idea: Have someone neutral from HR deliver the news that the employee is being let go.

Get ready for increased legal scrutiny and regulations of your background screening and prehire testing procedures. In recent months, the EEOC, Congress and state legislatures have signaled interest in putting new restrictions on employers.

Best Buy recently agreed to a $902,000 class-action settlement that resolves claims that the company didn’t pay workers in New York stores for minutes spent going through security check lines at the end of their shifts.

Here’s added incentive to have crystal-clear attendance policies: Employees who are terminated for violating unclear or confusing attendance rules may end up collecting unemployment compensation. Here’s why: In many states, former employees can successfully argue that they were terminated through no fault of their own if they can show that the attendance policy was difficult to understand and comply with.

Beginning in the 2011 tax year, employers will be required to report the “aggregate cost” of “applicable employer-sponsored coverage” on their employees’ W-2 forms.

We all make mistakes, especially when acting in haste. Unfortunately, a mistake in the employment law world can mean an expensive lawsuit. But courts are inclined to forgive employers that genuinely try to make things right. That’s why employers should fix errors and make sure they remove any potential negative effects of disciplinary actions.

Don’t panic if you’re not fully conversant on all the details of health care reform. The IRS, Department of Labor and other federal agencies will be rolling out regulations to put meat on the bones of this often-confusing law. The IRS last month published the first round of this avalanche of regulations. Find links to all IRS rules on the new health care law at www.IRS.gov.

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

Injured employees sometimes go door-to-door seeking a sympathetic doctor who will provide a diagnosis to extend their workers’ comp benefits. A new Johns Hopkins University study shows how prevalent such “doctor shopping” is.

The costs of employee absenteeism—reflected in lost production, overtime and temporary replacements for the absent worker—can add up quickly. What’s the best way to combat the problem? With a clear policy, careful documentation, consistent application of the policy and progressive discipline.

A new report by Internet-security firm Imperva says “123456” is the most common computer password, followed by “12345”, “123456789” and “password.” The report analyzed 32 million passwords recently exposed during the breach of an online retailer.

One of the reasons employees can claim sex discrimination is if, according to the EEOC, “verbal or physical conduct of a sexual nature … creates an intimidating, hostile, or offensive work environment.” Employees may believe that the slightest unkind word would constitute a hostile workplace, but courts often will set the bar much higher, as the following ruling shows.

The U.S. Supreme Court issued a ruling on Feb. 23 that helps clarify when employers can remove a lawsuit from a state court to have it heard in the friendlier confines of federal court. The ruling is good news—especially for large, multistate employers.

The Pregnancy Discrimination Act doesn’t guarantee pregnant employees any special treatment in the workplace. It simply says you must treat them “the same as any other temporarily disabled employee.” If your organization doesn’t allow other employees to take leave or be placed in light-duty positions, then pregnant employees aren’t entitled to such privileges either.

Warn supervisors and managers: They should treat temporary workers who come to you via an employment service or agency just like they do other employees. All the normal rules on workplace discrimination still apply. That means temps who experience harassment or discrimination may be able to sue both the temp agency and your company for that discrimination.

If your organization has been hit with OSHA safety violations in the past, consider yourself on double-secret probation. The agency’s new Severe Violator Enforcement Program starting in June will call for “a more intense examination” of work sites where previous safety violations have been found.

To save on overtime costs, employers often try to shoehorn employees into Fair Labor Standards Act exemptions. That can be a potentially devastating mistake. This square-peg-in-a-round-hole problem often occurs when employers try to fit employees into the FLSA’s professional exemption.

Some disabled employees believe their disabilities excuse them from following the workplace rules that others must abide by. That’s just simply not true. You can, and should, discipline insubordinate employees, even if their behavior could be caused by a disability.

In today’s economic climate, you may be tempted to forgo hiring a temp to fill in for an employee who’s out on FMLA leave. But what will you do if the employee returns to a huge pile of work left undone during her absence? Think twice before you tell her to “catch up or else.”

If your managers tell employees to show up a little early to start their computers and get ready to work, that time must be compensated. That’s true even if you don’t absolutely demand early arrival, but internal systems make it tough for employees to begin their shifts if they don’t arrive early.

For the past 50 years, employers could ask the U.S. Department of Labor to issue an “opinion letter” to provide guidance on fact-specific questions about overtime, FLSA or wage-and-hour issues. But the DOL stopped the practice last month, replacing the letters with “administrator interpretations.”