According to a recent working-conditions survey, many employers are not doing the routine maintenance they should to keep their labor and employment compliance in tip-top shape. There’s no guarantee that tuning up your workplace policies like you do your car will avoid lawsuits. But, some routine preventive maintenance will go a long way to ensuring better compliance and fewer problems.

In two recent decisions, our firm was successful in recovering monetary relief for employers that had either been victimized by employee wrongdoing or unsuccessfully sued by employees. We covered the first case in “Payback time: Employer wanted its money back—and got it!” Now we’ll discuss a case in which an employer recovered substantial court costs because a court applied plain-old common sense when it looked at existing rules.

Sometimes, it makes financial sense for companies to engage workers as independent contractors rather than as employees. It can have advantages for workers, too. But whether a worker is an employee or an independent contractor has nothing to do with the desires of the organization or the worker. Not even a written contract can make someone an independent contractor if that status isn’t legitimate.

With EFCA on the march in Congress and unions staging a big push to add new members, it's up to enlightened managers to show employees they don't need organized labor. These 14 steps will get bosses talking to employees ... and keep unions from gaining a toehold in your company.

A controversial study of employment practices in the New York City region, Chicago and Los Angeles has found that employers routinely stiff low-paid workers, breaking wage-and-hour laws and illegally thwarting union organizing efforts.

In Reaux v. Infohealth Management Corp., a federal judge recently ruled that employers that are not otherwise required to provide FMLA leave could wind up subjecting themselves to the FMLA by promising it to employees.

If I had to boil employment law into one overarching maxim, it would be this: Be fair and document everything, in case someone thinks you’re not being fair. If you doubt the importance of thorough documentation, consider two recent cases decided by the 6th Circuit Court of Appeals.

Texas doesn’t allow so-called intentional infliction of emotional distress claims by employees when the underlying facts show the case is covered by employment laws that address bias. That gives employees one less weapon to wield.

Have you audited the employee bulletin board in your break room or next to your time clock recently? Have you ever done so? A little time spent seeing what’s there—and what’s missing—will keep you in compliance with North Carolina and federal laws.

The EEOC has filed suit against Belmont Abbey College, a Catholic-run institution in Belmont, claiming the college’s refusal to provide coverage for birth control in its employee health plan violates the federal Pregnancy Discrimination Act.

Issue: You're responsible for securing sensitive employee information. Benefits: Privacy measures and policies protect employees from identity theft and privacy invasion. Actions: Refine your privacy policy, institute a proper ...

In January 2009, the DOL issued new FMLA regulations that incorporated the National Defense Authorization Act of 2008, which granted new leave rights to family members of employees in the military. The regulations, for the first time, defined what a “qualifying exigency” is under the law that entitles military families to take leave. Qualified exigencies are divided into seven categories:

Disputes between co-workers and between employees and their bosses are almost inevitable—which is why every HR professional must know how to gather the necessary facts to find out what’s going on. Whether it is a small inquiry or a weighty investigation into serious allegations of misconduct, being deliberate and intentional about an investigation will create a more helpful and less disruptive process.

There’s one silver lining to the rapid growth of employment lawsuits: Courts are losing patience with the rising number of applicants, employees and former employees who file suits that have no basis in reality. Increasingly, courts are approving sanctions against such employees and their attorneys.

Congress is considering emergency legislation that would guarantee five paid sick days for workers directed to stay home by their employer for a contagious illness, such as the H1N1 flu virus. Although passage is far from certain, the Emergency Influenza Containment Act is a bill worth monitoring.

Are your employees performing the exact same tasks they were three years—or even three months—ago? Probably not. Layoffs have left millions of employees juggling their own tasks as well as those of departed co-workers. One byproduct: When employees’ job duties no longer qualify them as exempt from the FLSA, they can raise the “hourly” flag and sue for unpaid overtime pay.

Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

Participation in new “social media” outlets is on the rise, creating many questions for employers. Should we be using social media to develop business or to recruit new talent? Should we allow employees to use social media at work? What types of restrictions do we need? Can we monitor off-duty conduct? And what are the potential liabilities?

For the past 15 years, complying with the FMLA has been complex, but at least the law stayed the same. But earlier this year, that all changed when the first major overhaul of the FMLA took effect. Here are the details on the changes every HR pro must understand.

Somehow, despite this summer’s fight over whether Democrats or Republicans controlled the New York State Legislature, members of the Assembly and Senate and Gov. David Paterson found time to amend the New York State Human Rights Law. Effective July 6, 2009, the law expanded the application of civil fines and penalties in cases of employment discrimination occurring on or after that date. The change means the stakes for making an employment law mistake have dramatically risen.

Many sexual harassment complaints turn out to be much ado about very little. That doesn’t mean, however, that you can close the case and forget about the whole thing. That can be especially dangerous if the person about whom the complaint was made is a supervisor who still has authority over the employee who complained. Here’s how to handle the aftermath of a closed harassment complaint:

Q. My company has about 80 employees spread among four stores in Charlotte and upstate South Carolina. Business is rebounding, and we expect 10 to 15 new hires in the next few months. Proposed changes in immigration laws are often in the news. Is there anything new I should know?

Participation in new “social media” outlets is on the rise, creating many questions for employers. Should we be using social media to develop business or to recruit new talent? Should we allow employees to use social media at work? What types of restrictions do we need? Can we monitor off-duty conduct? And what are the potential liabilities?

Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) says employers that negligently or purposely let employees’ personally identifiable data fall into the wrong hands can face fines of up to $2,500 per infraction. Here are six tips on developing a data security strategy:

Federal and state public health agencies are closely monitoring the H1N1 influenza (also known as swine flu) that was first identified this spring. Since then, every state in the U.S. has had confirmed cases of the virus. It’s not time to panic—but it is time for businesses to think strategically, be proactive and be prepared.

As with many other federal employment laws, the Fair Labor Standards Act includes a retaliation provision that protects workers who complain that their employer has violated the law. Until recently, it wasn’t clear what kinds of complaints actually triggered the FLSA’s protections. That’s now changed.

In the days before ending its 2008-09 term, the U.S. Supreme Court issued two important employment law rulings. Now it's harder for employees to win age bias lawsuits. Also, the court ruled on race bias in pre-hire testing.

Have you checked your company’s bulletin boards lately? Do they show the correct, updated federal- and state-law posters? As this week’s new court ruling shows, poster mistakes can actually breathe new life into supposedly dead employment lawsuits …

The World Health Organization raised the swine flu alert to its highest level, saying the H1N1 virus has reached global pandemic levels. Your best HR defense is a good offensive plan to handle the logistical and employment law issues ...

It’s a mantra that can’t be repeated too often: Develop a policy, communicate it to your employees, investigate when you learn of possible infractions and, if wrongdoing did occur, punish those who violated the policy. It’s refreshing to report on an employer that did everything right and emerged victorious from court.

Q. An employee has asked me, as his direct supervisor, to provide him a recommendation on his LinkedIn page. He’s a good employee and I don’t see any harm in granting his request. Are there any risks?

In one of its most anticipated employment law decisions in years, the U.S. Supreme Court has ruled that New Haven, Conn., discriminated against white firefighters when it refused to promote them after they passed a test that most black co-workers failed.

Q. An HR colleague told me that government agencies have stepped up their scrutiny of independent contractor relationships. She said employers that have such relationships, or routinely have consultants working alongside employees, should beware. Can you shed any light on this report? What should we do?

The Minnesota Legislature recently enacted a law designed to protect employers from some of the legal risks that may accompany hiring people with criminal backgrounds. The law is designed to help those who have served their sentences re-enter society as productive citizens.

Under the FMLA, only employers that have 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. The requirement is commonly known as the “50/75 rule.” Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly agree to provide its employees with FMLA rights and benefits? That situation recently occurred in Reaux v. Infohealth Management Corp.

Under the FMLA, employers with 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. But even if you're a small employer, innocent mistakes could make the “50/75 rule” meaningless to you — and force you to provide FMLA leave. Learn how to avoid that trap.

The United States is facing a swine flu outbreak that has caused the government to declare a public health emergency. Recently, the U.S. Centers for Disease Control and Prevention (CDC) published new guidelines to help employers prepare for flu season and prevent the rapid spread of the H1N1 influenza. Here are the CDC's suggestions, plus insight on your risks and obligations as an employer ...

The Department of Homeland Security has authorized more raids on workplaces it suspects include undocumented workers—and employers, not the workers, are being charged with breaking the law. At the same time, the NLRB is pushing employers to settle unfair labor practice cases and ordering them to rehire employees terminated for exercising National Labor Relations Act rights. But what happens when those fired workers are actually ineligible to work?

President Obama is delivering on his promise of change—particularly in the workplace-law arena. To prepare HR professionals for what’s happening—and what’s going to happen—the HR Specialist is hosting its annual Labor and Employment Law Advanced Practices Symposium (LEAP) Washington Conference Nov. 4-6.

Lots of employers win sexual harassment lawsuits, but not until they have had to air their dirty laundry in public—and pay for the privilege, too. That’s one reason to insist on a professional workplace free of sexual innuendo and harassing behavior. HR performs one of its most valuable services when it impresses on management the high cost of winning a sexual harassment lawsuit ...

This spring’s swine flu scare might have been just a warm-up act for a far more serious flu pandemic this fall. If you took steps to prepare your workplace for an outbreak in April, dust off those plans and check them against our list of things to do to make sure your organization keeps running in the coming months.

American workers can access the Internet, e-mail, instant messaging and other forms of electronic communications from anywhere at anytime. While electronic communication helps people do their jobs, it also leaves a trail. A telephone conversation relies on the memory of two participants, but e-mail and IM discussions can be preserved for years to come. And, given the casual way so many people fire off e-mail these days, that can spell legal trouble for employers.

Take a look around your workplace. How many of your co-workers spent all summer right there at their stations? Maybe they took a long weekend or two, but otherwise they showed up day in and day out. It might be time to make those drudges get out and go on vacation.

Sure, at one time or another, we’ve all worked for some great bosses and some bad bosses. But nothing can be more debilitating than working for someone who is ignorant of the laws. In the following case, a company president walked right into an FMLA lawsuit because he had never even heard of the Family and Medical Leave Act. He knows about it now ...

Terminating an employee who has been out on workers’ compensation leave is a high-stakes process. How well you handle it can affect your ongoing workers’ compensation liability—and could also subject you to claims of wrongful discharge or retaliation. It’s made all the more complex by the fact that your workers’ comp carrier’s goals may conflict with yours.

Even if someone else in the management hierarchy actually terminates an employee, a supervisor who’s seemingly had it in for the employee can still cause a world of legal headaches for the employer. This is the so-called “cat’s paw” legal theory, which holds that employers are liable if they approve a recommendation that is based on illegal motives such as retaliation.

Here’s a way to guarantee a race discrimination case will go to a jury trial: Let a supervisor with an obvious racial bias participate in the decision to terminate an employee who belongs to the protected class the supervisor dislikes. Even if you have a seemingly legitimate reason to terminate the employee, the supervisor’s involvement will taint the entire process.

Employees who lose their jobs have very little to lose by making an appointment with an employment lawyer. To prepare for possible surprises, you should do what a good employment attorney does—look for hidden discrimination in your workplace.

A New Jersey appeals court has upheld the termination of an employee even though a government agency cleared him of the alleged misconduct that led to his dismissal. That means employers still have the right to make their own decisions about conduct and what they believe happened.

Many employers place arbitration clauses in their employment applications or handbooks. The idea is that forcing employees to arbitrate workplace disputes will be quicker and easier than going to federal court. A recent federal court decision by a Florida-based judge has upheld the right to take even FLSA complaints over wage-and-hour law to arbitration.

If you’ve ever been caught up in an employment lawsuit, chances are you couldn’t wait for it to be over. Yet every case presents a valuable opportunity to prevent future problems and improve HR effectiveness by conducting an “autopsy” of the claim.

In 2007, the EEOC released a set of guidelines advising employers on issues related to caregiver bias. Following up on that issue, the commission has supplemented those guidelines with recommendations designed to help employers “reduce the chance of EEO violations against caregivers.” It’s imperative that companies begin to train managers and supervisors on the content of this most recent guidance.

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won't all cop to what sinks their cases, but this one did. Learn what she fears most when staring down an employer in court.

If you use your computer system to monitor your employees, now’s a good time to ask your attorneys: Are we vulnerable to a lawsuit under the federal Electronic Communications Privacy Act, a part of the federal Wiretap Act? A federal court considering a California case may have just made your electronic monitoring policies far riskier.

In light of the H1N1 virus pandemic scare, now's the time to make sure your organization has an effective pandemic plan in place. As public health officials prepare for a vaccination campaign this fall, here are 13 steps you can take to deal with H1N1.

In today’s down economy, nearly every termination and layoff is fraught with risk. Layoffs are supposed to be blind on issues of race, sex, age, etc. But, if you are making these decisions in the dark, you are making a big mistake that could prove very costly. Before implementing a layoff, it’s crucial to review the demographics of who is staying and who is leaving.

With the possible exception of employment law, the legal profession has been hit hard by the recession. Today’s law school graduates are now competing with cadres of laid-off attorneys for dwindling positions. So, Loyola University Chicago School of Law has devised a way for law students to weather the economic storm.

According to a recent survey, 22% of employees say they use some form of social networking five or more times per week, and 15% admit they access social media while at work for personal reasons. Yet, only 22% of companies have a formal policy that guides employees in how they can use social networking at work. Here are seven key questions to ask when drafting a social networking policy for your workplace.

If your organization doesn’t have a solid performance evaluation system in place, you’re taking a high-stakes gamble you just might lose. Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce performance evaluations that back up why you terminated them.

Spend any time scanning the world’s 112 million blogs and you’ll find plenty of employees discussing their work. Sometimes that spells legal trouble for employers. By implementing an effective company blogging policy, you may avoid many of the pitfalls ...

In an important employer victory, the U.S. Supreme Court ruled in June that for employees to successfully bring Age Discrimination in Employment Act (ADEA) lawsuits, they must now show that age discrimination was the cause—not just one of several possible contributing factors—of their termination or other adverse job action.

Under the Lilly Ledbetter Fair Pay Act of 2009, each paycheck that unfairly pays a worker less than it should is a discriminatory act. Now is the time to audit your pay policies. Involve your attorneys—to take advantage of attorney-client privilege protection while you correct any discriminatory practices you uncover.

Attorney Alison West thinks every HR pro should keep a pen and paper with them at all times. “It will help you get into the habit of documenting,” she said at the SHRM Conference in New Orleans. West believes documentation is crucial to keeping a workplace running right—ensuring fairness, promoting good performance and, most important, winning in court if an employee sues you.

Let the battle begin. On March 10, The Employee Free Choice Act, commonly referred to as the “card check” bill, was introduced in Congress. It's the top legislative priority of labor unions. If passed, EFCA would streamline the process of union organizing, tilting it substantially in favor of workplace unionization. Union-free employers should consider acting now to keep their operations union-free. Here are the action steps to take today ...

In what some employment law attorneys are calling one of the most important employment law cases of the decade, the U.S. Supreme Court ruled on June 29 that the city of New Haven shouldn’t have thrown out promotion test results of all firefighters just because it feared the test would have a disparate impact on black firefighters. What's the practical impact? Read on ...

Q. We need to cut two employees from our marketing department. One of the employees we would prefer to keep was hired only six months ago. If we don’t base our decision on seniority, are we more susceptible to discrimination claims?

Because juries are notoriously unpredictable, most attorneys advise doing everything possible to avoid jury trials. Even so, juries often wind up deciding employment law cases because of the subtlety of the issues involved. In the following case, the Minnesota Court of Appeals sent a case to trial so a jury can decide whether taking away an employee’s telecommuting opportunity might be retaliation.

For more than a decade, Minnesota courts have recognized a person’s right to privacy. Most employers are aware that this right extends to the workplace, but many still run into potential employee-privacy trouble. But with some upfront planning and consideration, HR professionals can help their organizations avoid privacy pitfalls and still protect their interests.

If you have a manager or supervisor whose decisions have caused lawsuits that you have lost, be on your toes the next time that manager has to make an employment decision. Make absolutely sure that you can pin the decision on some objective reason.

A New Jersey court has held that e-mails employees send to their attorneys via work computers are not protected by the attorney-client privilege. The court’s willingness to rule that an employer’s right to control how employees use its computer equipment trumps attorney-client privilege is significant. The decision makes it clearer than ever that employers should carefully consider the language they use in their employee handbooks.

Despite the daily economic lamentations, some employers are still hiring. Employers that are hiring may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices.

There’s a new I-9 Employment Eligibility Verification form for employers to complete when hiring employees and reverifying the employment eligibility of certain employees with temporary work authorization. Make sure you have a properly completed Form I-9 for every employee to avoid legal penalties for hiring unauthorized workers.

Say a company exec asks you to hire his relative or friend, or he not so subtly urges you to give the application “strong consideration.” You want to reject the candidate because he’s obviously unqualified. But you don’t want to commit career suicide. What do you do?

Employers that hire outside firms or investigators to conduct employee investigations and background checks must make sure those vendors strictly comply with the Fair Credit Reporting Act (FCRA). Failing to do so can result in substantial legal risks, including damages, penalties, fines, punitive damages and attorneys’ fees awards.

Experts say Judge Sonia Sotomayor, President Obama’s Supreme Court nominee, will bring a pragmatic perspective on employment law to the High Court if she is confirmed. Here's a rundown of employment law decisions she has rendered from her current seat on the 2nd Circuit Court of Appeals.

The Supreme Court has ruled that women whose retirement benefits are worth less because they weren’t credited for time spent on maternity leave before enactment of the Pregnancy Discrimination Act can’t sue to recover lost funds. The decision in AT&T Corp. v. Hulteen generally followed the reasoning the High Court used in its landmark Ledbetter v. Goodyear Tire & Rubber ruling: If a policy was legal at the time alleged discrimination occurred, employees can’t challenge it retroactively.

The Supreme Court on May 18 ruled that women whose retirement benefits are worth less because they weren’t credited for time spent on maternity leave before enactment of the Pregnancy Discrimination Act can’t sue to recover lost funds. Learn more about a case with important implications for benefits programs.

Generally, state agencies can’t be sued in federal court for federal employment law violations unless they have explicitly agreed to give up their right to sovereign immunity. Even so, federal courts are reluctant to leave employees out in the cold.

There’s a silver lining to the rising number of employment lawsuits: Courts are losing patience with applicants, employees and former employees who file discrimination lawsuits that have no basis in reality. Recently, the 6th Circuit approved sanctions against such employees and their attorneys.

On Jan. 26, the U.S. Supreme Court once again expanded the ability of employees to sue for retaliation. The court held that an employee who answers a question about a fellow employee’s improper conduct during an internal sexual harassment investigation is engaging in “protected activity” under Title VII of the Civil Rights Act.

Barely two months into the 2009-2010 session, the North Carolina General Assembly has already introduced a profusion of employment-related bills. Employers should keep a watchful eye on several bills that already appear to have strong support this new legislative year.

The U.S. Centers for Disease Control and Prevention have for years predicted that a virulent influenza outbreak could kill tens of thousands, hospitalize hundreds of thousands and sicken millions. Regardless of how the swine flu crisis plays out, it should be a wake-up call for employers. If you haven’t already, now is the time to undertake pandemic planning efforts.

Despite the daily economic lamentations, some employers are still hiring. Those employers may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices. You must make sure they comply with state and federal laws.

The EEOC and state and local agencies have been filing more administrative charges in recent years and that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond.

When the mammoth American Recovery and Reinvestment Act of 2009 (ARRA) economic stimulus law was enacted in February, lots of the details were still fuzzy. Now the IRS has defined a key term that governs who qualifies for the 65% COBRA subsidy built into the law. The only trouble is, the definition poses more questions than it answers.

Your business has crunched the numbers, considered the alternatives and come to the conclusion that layoffs are necessary if the business is to remain afloat during these challenging economic times. But how much thought have you given to your remaining employees who are about to watch their friends and colleagues lose their jobs?

In this brutal economy, desperate applicants—and current workers who believe they may be laid off soon—are trying an interesting tactic: They’re volunteering to work for less pay … sometimes much less. A new court ruling shows why you should take those offers seriously.

Sometimes, a union contract clashes with employment laws. It’s then up to an arbitrator to reconcile the two—and an arbitrator’s decision is rarely overturned on appeal.

There’s a silver lining to the rising number of employment lawsuits: Courts are losing patience with applicants, employees and former employees who file discrimination lawsuits that have no basis in reality. Recently, the 6th Circuit Court of Appeals approved sanctions against such employees and their attorneys.

Former employees and their lawyers are always looking for ways to maximize what they can get from former employers. One way is to add a wrongful discharge claim if an employee is fired after he or she complains about workplace safety. These cases can get quite expensive, as the following case shows.

The downturn has hit California hard. Many stable California employers find themselves for the first time contemplating reductions in force in order to survive. If you’re considering a large-scale layoff, be prepared to familiarize yourself with California’s version of the federal Worker Adjustment and Retraining Notification (WARN) Act.

By now, most employers have heard of the Employee Free Choice Act (EFCA), the proposed legislation that would make it dramatically easier for unions to organize workers and obtain favorable terms in the initial collective-bargaining agreement. Is it time to panic? Of course not, but it is time to take action.

Economists at Moody’s predict North Carolina jobs will fall by 1.6% in 2009. The steepest declines are anticipated in construction (down 9.3%), manufacturing (– 4.3%) and financial activities (– 2.9%). There will be a few bright spots in the state’s job market, though.

Older employees who learn they might be laid off for economic reasons—especially those who have recently spoken with an employment lawyer—have begun trying an interesting tactic: They’re volunteering to work for less pay. Take those offers seriously.

Each year, new employment laws go on the books and courts write thousands upon thousands of decisions interpreting old laws. Yet, year after year, many HR professionals reach up onto a dusty shelf to hand new employees the same old employee handbook someone wrote years ago—too often without a second of consideration whether the contents still pass legal muster.

With unemployment at its highest level since 1983, many applicants have far more experience and education than the job requires. But be alert: Advise hiring managers to avoid using the term “overqualified” in front of job candidates or in any written description of them. Rejected applicants could view the term as an age-related code word, thus sparking an age discrimination lawsuit.

Mounting layoffs are creating a glut of qualified and aggressive job hunters who are desperate for work. As their frustration grows, more applicants are reading deeper into their rejection letters—sometimes spotting job promises or hints of discrimination that you never intended.

There’s never been a better time to implement a violence prevention plan. Tough economic times sometimes cause people to snap—and they might do so at work. You need a prevention program that starts with employee screening and ends with publicizing your tough anti-violence policy.

Major policy issues being debated in Washington will likely change the face of HR this year, according to speakers at the SHRM's 2009 Employment Law and Legislative Conference. As a new Democratic Congress gains legislative traction and the Obama administration begins making policy, those issues could also be key to reversing the fiscal meltdown.

Beginning Feb. 1, New York employers must comply with two important new state employment laws affecting notification of impending layoffs and the conduct of criminal background checks.

Your employee handbook can be a helpful reference providing needed information, or it can turn into a weapon that employees and their attorneys can use against you in court. The choice is yours. Follow these four steps to make sure your handbook works for you, not against you.

The $789 billion American Recovery and Reinvestment Act of 2009 (ARRA) signed on Feb. 17 by President Obama includes a handful of key HR-related provisions, including: COBRA subsidies, a Making Work Pay Credit and unemployment compensation.

Mounting layoffs are creating a glut of qualified and aggressive job hunters who are desperate for work. As their frustration grows, more applicants are reading deeper into their rejection letters—sometimes spotting job promises or hints of discrimination that you never intended.

IFCO Systems, the nation’s largest pallet manufacturer, agreed last month to pay a record $20.7 million fine to settle claims that it knowingly employed illegal immigrants.

Hand-held devices, such as BlackBerrys, Trios, iPhones, etc., make it easy for workers to check e-mail and do work at any time of day. And your nonexempt, hourly workers may demand to be paid for that screen-time. So, when must your organization pay nonexempt employees for such off-the-clock work? There’s no clear-cut answer.

Your organization, like many, may have embraced a wellness program to help employees quit smoking, lose weight, exercise more or participate in screenings for high blood pressure or cholesterol. You may have even thought about requiring employees to participate. But that's a controversial practice that is likely to step on laws ranging from HIPAA to the ADA ...

The politics of the economic recovery and stimulus bill President Obama signed on Feb. 17 have been the talk of Washington for weeks. Now get ready to figure out what it really means for business. Tip for HR pros: Plan on spending lots of time in the accounting department.

If your organization is like most, you’ve probably at least considered responding to the financial and credit crisis by cutting jobs. But that may be the wrong thing to do because just one lawsuit can wipe out any potential savings from job cutting. Alternatives to layoffs may be just as effective—and won’t trigger lawsuits.

Employment law class-action litigation is growing at an explosive rate, and the economic meltdown will probably fuel even more lawsuits in 2009. So says a recent report that also predicts far greater financial exposure for employers that must defend their employment policies in court. Here are the gory details.

Oops! Wal-Mart’s paying the largest settlement ever for Fair Labor Standards Act (FLSA) violations—a whopping $640 million! Even small employers can be liable for huge penalties if they violate the wage-and-hour law. That’s why HR Specialist’s upcoming Labor and Employment Law Advanced Practices Symposium features a session titled “Wage & Hour Litigation Rages On—The 10 Most Common Mistakes (and How to Avoid Them)." Meanwhile, here’s a primer on FLSA compliance.

HR staff at McLean, VA-based Capital One wanted a training program that would allow users to learn at their own pace and free them from sitting in classrooms and at their computers. So they piloted the Audio Learning Program, passing out iPods to about 300 employees and creating digital audio training programs ...

President Obama signed the Lilly Ledbetter Fair Pay Act on Jan. 29, making it easier for women and others to sue for pay discrimination that may date back decades. Drafted in response to a 2007 U.S. Supreme Court decision that said employees had at most 300 days to file pay discrimination complaints, the new law counts each unfairly low paycheck as a fresh discriminatory act.

Lawsuits may be inevitable in today’s litigious society, but losing them is not. Follow these 10 rules to prevent the most common employment-related lawsuits—or at least increase your chances of winning them.

Lawsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don’t. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment-law defense.

The Internet has created a whole new pond for employment lawyers to fish in. But you’re not powerless to your employees’ embarrassing—and potentially illegal—online activities. You can discipline employees who go over the line. Here's a recent example, plus five tips to help you avoid legal trouble ...

Union-free employers should consider acting now to keep their operations union-free, given the nature of the changes that are likely to come with enactment of the Employee Free Choice Act. The law would make it more difficult for employers to oppose union organizing, and would limit employers’ bargaining power if they do become unionized.

Too many HR people close the book on harassment investigations too early. By failing to check if harassment has flared up again, you open the organization to further liability ...

Expect swift confirmation of President Obama's nominees to head the U.S. Departments of Homeland Security, Labor and Justice. And expect the Obama administration to take a far harder line than the Bush administration did against organizations that break employment-related laws.

The 111th Congress wasted no time signaling its intention to enact employment law legislation that dramatically favors employees, quickly passing both the Ledbetter Fair Pay Act and the Paycheck Fairness Act. They promise equal pay for equal work. Find out why business and HR groups oppose both measures.

Employees do the darnedest things, and HR frequently winds up trying to undo the damage. One of the highlights of HR Specialist’s upcoming Labor and Employment Law Advanced Practices Symposium will be a session on “The Most Bizarre Recent Workplace Cases—and What You Can Learn from Them.” Here’s our take on the topic, with cases pulled from the pages of HR Specialist newsletters.

When President-elect Barack Obama chose Rahm Emanuel as his chief of staff, he did what a senior executive does when choosing an assistant: He selected a person who would help him get things done. Are you like Rahm Emanuel?

The year that the Society for Human Resource Management (SHRM) predicts will carry “the most sweeping HR-related changes in 30 years” starts with a bang this month as HR pros must adapt to important changes to two key employment laws: the FMLA and the ADA.

The year that the Society for Human Resource Management (SHRM) predicts will carry “the most sweeping HR-related changes in 30 years” starts with a bang this month as HR professionals must adapt to important changes to two key employment laws—the FMLA and the ADA—and replace their I-9 forms.

Churches, church schools and other religious institutions don’t always have to follow federal employment laws. That’s because religious entities are entitled to operate free of interference with their religious practices—if the employees in question are part of that religious practice.

For the past 15 years, complying with the FMLA has been complex, but at least the law stayed the same. On Jan. 16, that all changed. That’s the day the first major overhaul of the FMLA took effect. Here are the details.

Change. America voted for it, and the HR world will certainly receive its fair share next year. The arrival in Washington of President-elect Obama and a firmly Democratic-controlled Congress will spark an array of legislative and regulatory proposals that could rewrite the employment law rule book.

Lawyers believe two pockets are better than one. That’s why, whenever possible, they’ll try to sue both the employer plus the supervisor (or the HR director!) who made the alleged employment law mistake. That means the supervisor’s home and nest egg could be at risk ...

It’s predicted that 2009 will bring more changes in federal employment and labor laws than in the entire eight years of the previous administration. To help HR professionals prepare, The HR Specialist is hosting the 5th annual Labor and Employment Law Advanced Practices (LEAP) Symposium March 18-20 in Las Vegas.

With a Democratic-controlled Congress, President-elect Barack Obama will likely push for these employment law priorities ...

Although it may seem like the far-fetched excuse of an employee hoping to take a few days off from work, a condition known as “sick building syndrome” (SBS) is real. Some employees suffering from SBS have brought claims under the ADA. Others have sought recovery under state workers’ compensation laws ...

While the Obama victory grabbed the headlines on Election Day, voter referendums in several states and cities ushered in important employment law changes. Here are some key results.

Terminations are the spark to many employment lawsuits. And for each of the six kinds, there are some common steps employers can take to make sure they defend themselves if the termination is challenged in court ...

Before you hand out cell phones, laptops and BlackBerrys to everyone on your staff, understand that such tech tools may expose your organization to legal liability. Two legal minefields are particularly worrisome ...

On Nov. 17, the U.S. Department of Labor finalized the first major overhaul of the FMLA regulations in 15 years. Some changes favor employers, but others will make FMLA compliance trickier than ever. Here's what's in store. BONUS! HR Specialist will hold an audio conference briefing to help you comply with the new regs.

No matter how careful employers are, they still can be sued. Recognizing the risk, more employers are choosing to protect themselves with employment practices liability insurance (EPLI), which covers your organization if it’s hit with an employment lawsuit. But it’s important to know which coverage is right for you ...

It’s tough to keep up on all the latest changes in employment law. Busy HR professionals have to handle day-to-day problems and make sure new rules and regulations make their way into that routine. But it's vital to be up to date on new regulations relevant to your industry. Otherwise, you could face extensive, expensive and needless litigation ...

When Barack Obama takes office in January, get ready for the most sweeping employment-law changes the HR world has seen in years. Attorney Mike Fox walks you through the legislation likely to reshape HR, possibly even in the first 100 days of the Obama administration. Here’s how to prepare.

More than 60% of corporate counsels expect the election to have an impact on employment laws at their companies, according to a survey by The Association of Corporate Counsel.

The presidential campaign has everyone talking politics, and inevitably a lot of that talking takes place at work. As the campaign season moves toward the general election, many employers are re-examining their workplace policies concerning political activities and speech. Evidence suggests employers must educate employees concerning workplace political speech ...

Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged ...

November’s election has special implications for Colorado employers because a number of ballot issues involve employment law. The ballot features dueling initiatives: four measures brought by organized labor in response to three measures sponsored by business interests ...

High gas prices may keep employees at work, says a survey by employment law firm Jackson Lewis. More than half of the employees that participated in the poll said they’re eating lunch at their desks more these days instead of eating out or running personal errands ...

The ADA Amendments Act of 2008—signed by President Bush Sept. 25 and taking effect Jan. 1, 2009—will require HR professionals to thoroughly review all policies and practices involving employment of people with disabilities. Here's a run-down of the major changes under "the new ADA."

Sometimes, you just know that the reason a supervisor offers in a memo or e-mail for wanting to fire someone is going to look suspicious if the employee ever sues. If you can’t persuade the supervisor to reconsider, resist the temptation to help sugarcoat the situation with a neutral-sounding reason. It will only make matters worse when the employee’s lawyer inevitably discovers the memo or e-mail ...

Two key federal laws have changed, affecting how employers handle wage-and-hour issues. A new federal minimum wage went into effect in July, and civil penalties for child-labor law violations increased in May. Here is a summary of each development ...

For California employers, even minor wage-and-hour violations can wind up costing employers millions of dollars. Blame it on California’s infamous “multiplier effect,” which can come into play in any wage-and-hour case, but which really adds up in class-action suits ...

The alphabet soup of federal HR laws—ADA, ADEA, FMLA and so forth—comes with a side order of compliance headaches. But some of those laws apply only to some organizations. Don't waste your time worrying about compliance if you don't have to. Here's the skinny on which laws you might be able to ignore—and which you absolutely must not ...

The Minnesota Wage Payment Act seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes. The law covers all Minnesota private employers, even those with only one employee ...

If you want to avoid expensive and time-consuming legal fights and the uncertainty a jury brings to the equation, a mandatory arbitration agreement might seem like the most attractive way to settle employment law disputes. By pushing legal challenges into arbitration, you may save time and money—but only if you can get the agreement to stick ...

Q. Our company would like to start a program where all sales employees will use cell phones that have GPS monitoring. We want to keep track of where employees are so we can make sure they make their sales calls in their own territories and are not wasting time. Is this OK to do? Must we tell employees about the GPS monitoring? What about tracking employees after hours? ...

The FMLA has a built-in penalty for intentionally interfering with the law. Courts can double the damages when they believe an employer acted to circumvent the FMLA. Acting in good faith is the key. Even if a court finds in favor of an employee’s FMLA complaint, you may be able to avoid paying double if you can show you carefully considered whether the employee was eligible for FMLA leave ...

Q. An employee takes intermittent leave to care for his parent. Do situations like helping his mother move to a new location qualify as FMLA leave? — B.D., Nevada ...

Here’s a test that measures your broad knowledge of the HR field. From the FMLA to comp and benefits to employee behavior you’d rather not know about, we’ve got the questions. Do you have the answers?

Q. Our office manager wants to move to a paperless system. Are there any documents that we must maintain in paper form? ...

Lose your credibility and you lose your career. Credibility is the most important predictor of an HR professional’s effectiveness, according to the 2007 Human Resource Competency Study (HRCS) by The RBL Group leadership firm. Here are eight key ways to diminish or destroy your credibility ...

Sometimes, employees who are having trouble at work think that filing EEOC complaints or lawsuits will save their jobs. It’s a ploy generally designed to paralyze management by raising the specter of a retaliation claim. But courts generally don’t hold it against an employer if it carries out a previously made discipline decision. A lawsuit or complaint doesn’t work like a cease-and-desist order ...

The California Division of Labor Standards Enforcement (DLSE) recently conducted two days of sweeps at approximately 100 car washes in six Southern California counties, uncovering an array of employment law violations ...

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately reflect an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy ...

Q. We’re a small company with about 45 employees, but we have another 20 employees who are temporary. Do we have to count the temps when complying with the EEO or other employment laws? ...

Many employers try to simplify medical leave policies by adopting the same eligibility requirements set by the FMLA. But those same employers sometimes make exceptions for select employees, especially if they are seen as too valuable to lose to a short medical leave. Watch out if that’s your informal practice. Denying that flexibility to pregnant employees probably violates the federal Pregnancy Discrimination Act ...

Q. Our company recently offered a job to a highly skilled software designer. Upon offering the worker a position, she informed us that she had accepted a similar position with one of our competitors. However, she told us that she would rather take our offer. What should we do? ...

When it comes to settling New Jersey employment lawsuits on the eve of trial, be forewarned: Understand all the terms of the agreement before you tell the court the matter is settled. Don’t expect to come back to court for a do-over when you later can’t agree on some of the terms. In New Jersey, a deal is a deal—even if it isn’t in writing ...

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately predict an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy ...

Q. When we discipline employees for behavioral issues, we typically tell them to meet with an employee assistance program (EAP) counselor. Can we require them to have at least one session, or does that violate the ADA? —J.M., Idaho ...

Don’t try to put up artificial barriers to discourage employees returning from medical leave. The employee probably won’t go away quietly. In fact, he may file a lawsuit alleging some form of discrimination under federal or New York employment law. What’s more, a court probably will allow a trial ...

The good news: Recent court rulings say you generally don’t have to pay for the time employees spend preparing for their workday, such as waiting in security lines or putting on generic headgear and work boots. The bad news: These kinds of cases continue to find their way into court, and the issue seems far from settled. Keep your lawyer's phone number handy.

Q. I’ve read that we shouldn’t keep employees’ I-9s in their personnel files. Is this a suggestion or are there laws that require them to be in separate files? —L.K., Alabama ...

Employment lawyers have been warning for some time that blogs will one day be a volatile issue in the workplace. Recent events show that day has arrived. For example, a member of the Cherokee County, GA, Planning Commission provoked a firestorm of controversy after an online post she made advocated dismantling Israel to achieve peace in the Middle East. The outcry forced her to resign ...

Q. We are a relatively small company, and it has come to our attention that two of our single employees have become romantically involved. One of the employees is in management. We have no policy addressing employee fraternization (if that is the correct term), and we wonder whether we can, or should, do something about it. Ideas? ...

Here’s a trap for unwary public employers. Public employees can sue their agencies if they experience discrimination based on their association with persons of different races. That’s why it’s important to keep things professional and avoid any comments on an employee’s personal life or choice of associates ...

Employment laws give older workers unique protections that younger workers lack. Specifically, the federal Age Discrimination in Employment Act and Ohio’s Fair Employment Practices Act prohibit discrimination because of age against workers 40 and older. However, employers are getting a reprieve of sorts from a new EEOC regulation ...

Texas Attorney General Greg Abbott recently sued employers and a labor organization in El Paso and Corpus Christi for allegedly forcing employees to become union members or pay union dues in violation of the state’s right-to-work law ...

The Indiana Wage Payment and Collection Act seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes. The law covers all Indiana private employers, even those with only one employee, and requires employers to pay their employees biweekly ...

The North Carolina Wage Payment and Collection Act seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes. The law covers all North Carolina private employers, even those with only one employee, and requires employers to pay their employees monthly ...

Indiana’s unemployment compensation system, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The program draws from a public policy that assumes “economic insecurity due to unemployment is … a serious menace to the health, morale, and welfare of the people of this state and to the maintenance of public order” and is “essential to public welfare.” Indiana administers its unemployment compensation program through the Indiana Department of Workforce Development (www.in.gov/dwd/) ...

You may remember that the U.S. Supreme Court decided a donning and doffing case about a year ago. That might have been the end of the matter. But nothing is simple when it comes to employment law. Recently, a three-judge panel of the 11th Circuit Court of Appeals ruled that workers cannot demand pay for time spent donning and doffing their uniforms in most circumstances ...

North Carolina’s unemployment compensation fund, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The program draws from a public policy that assumes “economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state” and the legislature is compelled to “lighten its burden [on] … the unemployed worker and his family.” North Carolina administers the law through its Employment Security Commission (ESC) (www.ncesc.com/) ...

The Retaliatory Employment Discrimination Act (REDA) is North Carolina’s super anti-discrimination law combining elements of several federal laws, including Title VII, the Fair Labor Standards Act, OSHA and USERRA. The Employment Discrimination Bureau in the state Department of Labor (www.nclabor.com/edb/edb.htm) enforces REDA ...

Port St. Lucie has settled a race discrimination claim filed by a demoted meter reader for $60,000 and a promotion. The black woman filing the suit was a meter reader supervisor when she was called away for duty in the Army Reserve. Upon returning, she found she had been demoted and a white male now held her position ...

Citing the toxicity of secondhand smoke, Gov. Rod Blagojevich signed Senate Bill 500, the Smoke-Free Illinois Act, into law on July 23.  The law takes effect Jan. 1 and requires employers to provide smoke-free workplaces for all employees. The new state law does not mean employers can ignore local anti-smoking ordinances. Municipalities may still enact smoking bans that are tougher than state law, but all Illinois jurisdictions must meet the new state standards when the law takes effect ...

Performance evaluations are important tools to help employers gauge whether employees are performing at expected levels. They can help organizations spot talent and leadership potential, while identifying areas where employees need extra training and support. Evaluations also can protect employers from frivolous lawsuits filed by employees who claim they’ve been demoted, fired or otherwise unfairly treated when the real reason was poor performance ...

Texas employers frequently face problems associated with retrieving company property from disgruntled former employees. Let's use a hypothetical scenario to answer questions on whether or when you can make payroll deductions for the missing property ...

North Carolina mirrors America’s growing diversity in many ways. Today, mosques occupy old churches, co-workers wear burqas and yarmulkes, and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace ...

Several states are debating legislation that would make “workplace bullying” an illegal practice, like discrimination or harassment. Passage of such bills would increase your liability risks and force you to referee personality disputes. Here's the status of the legislation, and how your organization should respond ...

Earlier this year, the EEOC announced its Eradicating Racism And Colorism from Employment (E-RACE) Initiative to “strengthen its enforcement of Title VII and advance the statutory right to a workplace free of race and color discrimination” ...

A federal appeals court has asked the New York Court of Appeals for help with an important legal question and the answer may impact how you fill out National Association of Securities Dealers (NASD) forms when you terminate an employee with a securities license ...

Noncompete agreements protect employers should an employee leave and go to work for a competitor. But what happens if there isn’t a noncompetition agreement in place? Does an employer have any remedy against a former employee? ...

Employers use a wide variety of tests to determine whether job applicants can perform the jobs they seek. The tests usually measure the candidates’ knowledge, skills and abilities. But if tests cover anything other than the employee’s ability to perform the job’s essential functions, employers could find themselves defending the tests in court ...

The Texas Supreme Court recently issued two decisions limiting when employers can be held responsible for the wrongs committed by their employees. The cases offer hope that employers won’t always bear the brunt of their employees’ wrongdoing, as has often been the case in the past ...

The Fair Labor Standards Act (FLSA) sets strict rules for how you pay employees, including setting a minimum wage and overtime. The basic concept is straightforward ...

In August, President Bush signed the Pension Protection Act of 2006, which includes many benefits-related amendments to the Internal Revenue Code and the Employee Retirement Income Security Act (ERISA) ...

Arbitration agreements, in which employees give up their rights to go to court and instead submit their cases to arbitration, can be a great way to avoid unpredictable juries, negative publicity and the expense of a full-blown lawsuit. But if the agreement isn’t worded just right, you may end up with more expense and lost time rather than less ...

Last October, the Texas Supreme Court ruled employers may require new and existing employees to sign covenants not to compete, even if they are “at will” employees. As long as the employees get something in return for agreeing to the restrictions their employers want, the agreements are legal ...

The California Court of Appeal recently ruled that binding arbitration mandated by an arbitration agreement could determine a former employee’s wage claims for an unpaid profit-sharing bonus and severance pay ...

Florida contract law recognizes oral contracts. That’s why it’s important to train all managers and supervisors to avoid promising employees any specific wage increases ...

Georgia’s labor code contains no overtime exemption for commission-paid employees, but the federal Fair Labor Standards Act does. Georgia employers largely follow the federal law because it's more stringent than state law. So employees who are paid on a commission basis are exempt from overtime laws, right?...

One of the most common employment law claims is the uneven enforcement of workplace rules. The only foolproof way to counter such lawsuits ...

Illinois mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request “prayer breaks”  ...

An Ohio appeals court significantly expanded employees’ rights recently when it upheld a fired employee’s right to trial after her employer terminated her because she threatened to talk to her attorney ...

Pregnant employees and applicants are protected by two federal employment laws: the Pregnancy Discrimination Act and the FMLA ...

Two new resources on federal compliance and a legislative attempt to address last week’s Supreme Court decision on pay discrimination head this week’s news from Washington.

Many HR professionals (and most supervisors) aren't prepared when called to serve as witnesses. One simple mistake can hurt your organization's chances and damage your professional image. Use the following eight tips to create practice sessions for yourself and other employees who serve as witnesses ...

Should you guarantee employees confidentiality when they voice complaints to you or to supervisors? Blanket promises of confidentiality could blow up in your face; some laws require you to report illegal or unethical conduct ...

If your evaluation procedures are too complicated, employees may question whether they're being treated fairly. Mild suspicions can quickly grow into expensive discrimination lawsuits, as a new court ruling shows ...

Employment policies often must adapt to changes in culture and technology, and the explosion of blogs is one such example. Disgruntled employees often use their blogs to attacks employers, spread gossip about co-workers or even publish suggestive pictures of themselves. Ask yourself the following questions to see if you need a blog policy ...

Are your anti-harassment efforts legally bulletproof, or are they full of holes? Probably somewhere in between, if you're like most employers. Here are six holes that need patching in many employers' training and investigation practices ...

More employers are increasing health premiums for smokers as a way to cut health costs. Such surcharges can trim costs, but implementation mistakes can alienate employees and hurt morale. Use the following tips to design smoker surcharges that reduce the most costs with the least employee backlash ...

More employers are requiring employees to solve employment disputes through arbitration. But courts are quick to invalidate mandatory arbitration agreements that don't meet the letter of the law. Don't back off mandatory arbitration because of legal uncertainties; just make sure to follow these seven rules ...

One wrong move (especially during the firing process) can send employees running for courthouse. Teach supervisors to avoid unnecessarily angering employees by pointing out the following common mistakes ...

Undocumented immigrants now make up almost 5 percent of the U.S. work force, according to a new Pew Hispanic Center study. The number of people living illegally in the country rose by at least 400,000 last year ...

Q. If an employee speaks Spanish and doesn’t understand English, am I required to have my handbooks and other policies translated into Spanish? Is the handbook valid if the employee signs but does not understand the content? —A.B., California

Question: I report directly to the director and I also supervise the receptionist/secretary in our agency. The problem is dealing with the assistant director (AD), who is a bully. I have tried to let the bullying slide, but the receptionist/secretary has submitted a complaint to me on how uncomfortable it makes her feel when the AD screams at me.

While Congress tries to hammer out the biggest immigration law changes in decades, Homeland Security is already cracking down. These developments will likely add new responsibilities and risks to your I-9 and visa practices ...

If you’ve never heard of “family-responsibility discrimination,” or FRD, you soon will. The EEOC has issued new guidance to help employers understand how federal anti-bias laws apply to workers with caregiving duties.  The result: Expect more awareness (and lawsuits) from employees , plus more enforcement from the EEOC and state anti-bias agencies.

Employers need to keep their eye on a growing trend: a groundswell of support for more freedom to practice religion in the workplace. And support for the movement is coming from some unexpected quarters: the U.S. Supreme Court and a bipartisan coalition of U.S. senators ...

When your organization faces an employment lawsuit, you may end up in a room with an attorney and a tape recorder, explaining what you know. Depositions can be nerve-rattling and the employee's lawyers will try anything to discredit and challenge your testimony ...

Pennsylvania mirrors America's growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request "prayer breaks." Religious diversity is a reason for celebration in a pluralistic society, but it also presents challenges in the workplace ...

A little-noticed amendment to New York's Labor Law imposes a new recordkeeping requirement on New York employers. We're all familiar with the requirement that, for most types of employment, minors under age 18 must provide employers with employment certificates, commonly known as "working papers," to lawfully hold jobs ...

The federal Fair and Accurate Credit Transaction Act (FACTA) of 2003 says businesses that negligently or purposely allow employees’ or customers’ personally identifiable data to fall into the wrong hands can face fines of up to $2,500 per infraction ...

When facing a lawsuit, nothing kills your defense faster than ignoring the paperwork that automatically comes with the territory. While many employment lawsuits may be frivolous, make sure you retain counsel ...

When negotiating contracts with employee outsourcing firms, many organizations make background checks an afterthought and leave the specifics up to the agency. That's a  big mistake ...

In the process of recruiting, hiring, firing and just running a business, employers accumulate a large amount of personal data from applicants, employees and business associates. Florida law requires employers to take reasonable steps to safeguard such personal data ...

Georgia mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; many workers wear burqas and yarmulkes; and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace ...

Ohio mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace ...

A truck driver who is HIV-positive has settled an employment lawsuit against his former employer, E.C. Trading Ltd. He claimed the company cut his hours and then fired him after it learned about his HIV status ...

More HR professionals are turning to search engines and social networking sites to dig beyond a candidate's résumé. But the benefit of uncovering such red flags can carry some big legal risks. Here's how to Google for candidates in the most legally safe way ...

HR Law 101: Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time ...

HR Law 101: The Civil Rights Act of 1964 bars discrimination based on race, national origin and religion. The law applies to all employers that have at least 15 full- or part-time workers and includes U.S. companies that employ Americans abroad ...

HR Law 101: Affirmative action programs are usually designed to give a short-term preference to members of a historically disadvantaged group. In theory, these efforts are intended to level the playing field and help overcome the results of past discrimination ...

HR Law 101: Your supervisors probably understand that they can’t pay a male more than a female to perform the same job or dole out promotions only to males. What they may not appreciate are the more subtle forms that gender discrimination may take. They may not make an effort to scrutinize their decisions to uncover any entrenched patterns of discrimination and practices that discourage women from applying for promotions or asking for raises ...

HR Law 101: There are two important reasons why you should conduct regular appraisals of your employees’ performance. First, periodic and competent appraisals reduce the opportunity for a discharged employee to claim unfair treatment. The appraisal process alerts employees to what you expect of them, areas in which they're deficient and how they can improve their performance. Second, appraisals constitute documented proof of unsatisfactory performance that will help you justify employment decisions ...

HR Law 101: Employers have any number of legitimate reasons to monitor employees’ e-mail and Internet usage. Beyond personal productivity issues, you risk significant loss should an employee download a virus or other damaging software or engage in illegal activity conducted on company computers ...

HR Law 101: Sexual harassment is a form of sex discrimination prohibited under Title VII of the Civil Rights Act of 1964. Courts are increasingly taking a dim view of employers that don't take decisive action to prevent sexual harassment ...

HR Law 101: Employee handbooks are extremely valuable business tools. But if you're not careful, your handbook could land you in court. In particular, employees are increasingly suing for wrongful discharge, pointing to a handbook they claim guaranteed them employment indefinitely ...

Q. We terminated an employee after we caught him downloading software and movies onto his own CDs and DVDs. After he left, we found discs that contained copied movies in his desk. Now he's asking for his belongings back. Are we required to return the discs? —D.V.

Q. Should our employee handbook include a statement that gives us the right to terminate employees “at-will?” Our headquarters is in New Jersey with another office in Connecticut. —J.W., New Jersey

Q. Do employees paid through a temporary agency count toward the 50-employee eligibility number for the Family and Medical Leave Act? —M.S., New Jersey

Q. We recently terminated an employee. He claims that he is legally entitled to a letter outlining the reasons for his discharge. Is he correct? —E.T., Maryland

Q. An employer asked us for job verification on an employee we fired. It has a written consent form from the worker allowing the query. Can I release any and all information regarding the ex-employee's history with us? —R.F., Colorado

Q. We have an employee who submitted a dated, signed resignation letter but then changed her mind and wanted the letter back. She was not a good employee, but we let her rescind the letter because we thought we'd be on shaky legal ground. Could we have held her to it? —M.L., Ohio

Q. We're an at-will employer. Is there a law (or advisable benchmark) regarding how long we can hire temporary staff before they must be either hired on a permanent basis or released? —D.A., Michigan

Q. Should I always make and retain copies of Form I-9 supporting documents? —K.L., California

Q. I have a question about providing honest feedback during reference requests. Is it better to defend the fact that I provided a truthful (negative) assessment, rather than trying to explain why I can't give any reference at all? Aren't we protected by negligent referral and reference immunity laws? —M.R., Utah

Q. Our employment application states, “This application will remain active for six months.” Is this time frame advisable? How long should applications remain active? And how long should I keep completed applications? —K.S., Minnesota

Q. We're a surveying company and often use temporary workers on big projects. We recently rejected a candidate sent by the temp agency. Now, the candidate is threatening to sue, saying we discriminated against her because of her accent. Can she sue us even though she was employed by the temp agency, not by us? —M.L., Maryland

Q. One of our employees is on leave after giving birth. She may qualify for a position that recently opened up. Do we have an obligation to notify her of that opening? —R.D., Ohio

Q. How long is a company supposed to keep paper records? We'd like to throw out some of our old, archived paperwork. —B.H., Pennsylvania

Q. Over the last six months, we have made several attempts to mail a former employee her last paycheck by certified mail. We believe that we have the correct address because we mailed her other items by regular mail during this period and none have been returned. What legal obligations do we have, if any, to get this check to her? —R.Y., Washington, D.C.

Q. We've had a number of suspicious injuries at work this year. We don't want to jump to conclusions, but how can we determine if these injuries are part of a workers' comp insurance fraud scheme? —K.H., Mississippi

Q. I know that it's illegal to ask applicants certain questions, like whether they are married. Are there any questions I can't ask a previous employer or reference? —F.T., Maine

Q. Can we legally prohibit female workers from breast-feeding at work? —R.B., California

Q. We recently received a subpoena to produce the contents of an employee's personnel file in connection with a lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena? —K.H., District of Columbia

The Florida Commission on Human Relations will host its annual Florida Employment Law conference Dec. 11-12 in Orlando ...

The so-called paperless society ushered in by the computer age may mean fewer file cabinets and storage rooms full of paper records, but storing company records on hard drives has its own set of problems ...

If you're facing an employment lawsuit, don't bother probing into the employee's immigration status during the lawsuit's discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports this stance ...

Because of a quirk in Pennsylvania law, employers may soon see an uptick in state-based employment lawsuits. Reason: A federal court clarified that all state employment claims must be filed within the appropriate state statute of limitations (one year, for example, on defamation cases). Employees can't wait to file a state claim until the EEOC or the Pennsylvania Human Relations Commission completes its investigation, the court said ...

If your organization doesn't currently make it clear that it prohibits supervisors from retaliating against employees who complain about discrimination, now's the time to hammer home that message ...

Expect this summer's blockbuster U.S. Supreme Court ruling, Burlington Northern v. White, to swell the number of retaliation complaints and legal claims ...

If you're facing an employment lawsuit, don't bother probing into the employee's immigration status during the lawsuit's discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports that stance ...

HR Law 101: If it’s been awhile since you last overhauled your employee handbook, you may be courting disaster. You should establish a regular revision schedule and update your handbook once a year or whenever significant statutory or other changes occur ...

The U.S. Labor Department revamped the FLSA regulations in 2004 to help employers and employees understand the rules better. But, so far, the HR world has only seen more overtime lawsuits, not less ...

Image is everything, as the saying goes. But be extra careful that your pursuit of a certain work-force image doesn’t result in the weeding out of legally protected employees (females, minorities, older workers, etc.) ...

Expect a call from an employment lawyer when a disgruntled employee is fired. If the axed employee belongs to a protected class (race, sex, disability, etc.), expect more than a call ...

Florida mirrors America’s growing diversity in many ways. Today, co-workers wear burqas and yarmulkes, and some employees request prayer breaks. Religious diversity is a reason for celebration, but it also presents workplace challenges. Religious discrimination claims filed with the EEOC more than doubled in the past year ...

Frivolous lawsuits will forever be a thorn in the side of HR. But, according to a new report, employees are becoming more successful in job discrimination complaints filed with the EEOC ...

Q. I’ve heard that not all industries are covered by the FMLA. Are trucking companies exempt? If so, we have several employees out on workers’ compensation and FMLA leave. Can we fire them? —T.Z., New York

The Florida Highway Patrol’s highest-ranking female officer has filed a gender-discrimination suit against the department for firing her last year ...

HR Law 101: Nowadays, most organizations conduct exit interviews with departing employees to determine why they’ve resigned. Exit interviews can be a great HR tool, but you have to know what questions to ask and, at the same time, what questions to avoid for legal reasons ...

HR Law 101: The IRS has the burden of proof when it interrogates an employer about its worker classifications. Before the Small Business Job Protection Act of 1996, the onus was on the employer to prove that an individual didn't qualify as an employee ...

HR Law 101: Most organizations ask candidates to fill out a job application. Make sure that yours meets federal, state and local requirements. Don’t ask for information that could be considered discriminatory ...

HR Law 101: Make it your policy never to hire a candidate without a reference/background check. Your organization could be held liable for “negligent hiring” or “failure to warn” should the employee turn violent on the job. If the employee’s past history would have revealed a problem but you didn’t spot it because you didn’t check, the courts will say you “should have known.” Your firm not only might have to pay damages but also would suffer a loss of reputation ...    
 

HR Law 101: If you fail to do background checks on applicants for certain positions, you could make yourself vulnerable to a negligent-hiring lawsuit by any worker or customer who’s been hurt by a violent employee. You should check applicants’ backgrounds especially for positions such as day care worker, security guard and sales representative ...

Texas unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is administered by the Texas Workforce Commission ...

The Texas workers’ compensation system is designed to replace the wages of employees who miss work due to on-the-job injuries. The system works as a no-fault guarantee. Employees who can show they were injured while working are entitled to a portion of their earnings and paid medical care for those injuries. They needn’t prove their employer was negligent. In exchange, injured employees can’t sue employers for negligence ...

Anyone who has lived through a rough hurricane season in Texas understands the disruption that an emergency evacuation creates. Such evacuations and subsequent returns cause real hardships for employers. But employees who evacuate their homes and jobs are protected from discriminatory employment actions due to the Texas law on Employment Discrimination for Participating in Emergency Evacuation ...

No specific Texas law allows private-sector employees access to their workplace personnel files, but the Texas Public Information Act does provide that right to public employees ...

The Texas Payday Act seems like it should be simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes. Plus, it carries a fine of up to $1,000 per violation ...

Texas employers who abide by the employment discrimination provisions of the federal Civil Rights Act (Title VII) are likely to be safe under the state law, too. That’s because the Texas Labor Code provisions on discrimination are identical to the requirements under Title VII ...

Several Texas cities and towns have made it illegal to discriminate in employment (hiring, firing, pay, promotions, etc.) on the basis of an employee or applicant’s sexual orientation ...

Since September 2001, when the Texas Minimum Wage Act was last amended, employers have been required to pay a minimum wage equal to the amount set by the federal government under the Fair Labor Standards Act ...

Under the Texas Child Labor Act, it’s illegal for employers to hire children under 14 years of age except in certain situations ...

Florida’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds employers liable for unemployment insurance payments even when former employees weren’t fired but quit their jobs ...

The Florida workers’ compensation system protects employees who are injured on the job by replacing lost wages while they recover. The system works as a no-fault guarantee ...

The Florida Civil Rights Act prohibits discrimination or segregation in employment and access to places of public accommodation because of race, color, age, national origin, sex, handicap, familial status or religion ...

The Florida Minimum Wage Act follows the federal Fair Labor Standards Act in all respects except the minimum wage. Specifically, workers who are exempt under the FLSA are also exempt under the state law ...

Florida’s Workforce Investment Act was designed as part of the welfare reform movement of the ’90s. Like its federal counterpart, the Florida WIA provides incentives and assistance to employers who hire those who've been long-term welfare recipients ...

Florida’s child labor law prohibits employers from hiring minors under age 16 to work in hazardous jobs, ranging from operating industrial machinery and meat-packing equipment to even handling certain dangerous animals ...

Florida recently amended its Clean Indoor Air Act to comply with the Florida Health Initiative. The law prohibits smoking in all enclosed indoor workplaces except: private residences or private clubs, retail tobacco shops, smoking-designated guest rooms in hotels and motels, stand-alone bars and designated smoking rooms in airports ... 

Local governments in Florida can, and sometimes do, legislate what employers can and can’t do within their jurisdictions. For example, since the Florida Civil Rights Act contains no protections against discrimination based on sexual preference, some local governments have adopted ordinances to address the issue ...

Georgia’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The Georgia Employment Security Law is complex and in some cases holds employers liable for unemployment insurance (UI) payments even when former employees weren’t fired but quit their jobs ...

The Georgia workers’ compensation system protects employees who are injured on the job by replacing lost wages while they recover. The State Board of Workers’ Compensation administers the law, which the Georgia legislature modified in 2006 ...

Georgia’s state code prohibits discrimination against workers ages 40 to 70 based on their age. Employers, supervisors or managers who violate the age-discrimination code are subject to misdemeanor criminal prosecution by the Secretary of State ...

As a component of welfare reform, the U.S. Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act in 1996. The law requires employers to track employees to expedite child-support payments. To bring the state into federal compliance, Georgia passed its New Hire Reporting Law to collect such data on employees ...

Georgia’s code on equal employment for people with disabilities generally follows the federal ADA. The code guarantees to disabled individuals the right to full participation in the social and economic life of the state and lawful employment without discrimination because of a handicap ...

Georgia state law prohibits employers from penalizing employees for missing work to appear in court for jury duty or as a witness or to answer a summons or subpoena ...

Georgia’s minimum wage of $5.15 per hour currently matches the federal minimum wage (which Congress voted to increase to $5.85 per hour effective July 24, 2007). However, the Georgia Minimum Wage Law differs in some key aspects from the federal minimum under the Fair Labor Standards Act ...

Under Georgia’s child labor law, minors ages 14 to 17 must obtain employment certificates from their school or county school superintendent in order to work. (The law prohibits employers from hiring children under age 14.) ...

Even as the national debate over immigration reform rages, the Georgia state legislature has decided to act rather than wait for a federal solution. Recently, Governor Sonny Perdue signed into law one of the toughest immigration laws in the country ...

Since Georgia’s civil rights law contains no protections against discrimination based on sexual preference, the city of Atlanta has adopted an ordinance to address the issue ...

Pennsylvania’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is administered through the Pennsylvania Department of Labor ...

The Pennsylvania Workers’ Compensation Act covers all employers in the state and provides wage replacement for employees hurt on the job. The law provides payments to employees regardless of fault. That is, to earn benefits, injured employees don’t have to prove that their employers were negligent; they need only prove that the injury occurred at work. Sounds simple, right? It’s not ...

Employers of four or more people must comply with the Pennsylvania Human Relations Act (PHRA). The law is administered by the Pennsylvania Human Relations Commission (PHRC), which also receives the initial federal discrimination charges made under Title VII of the federal Civil Rights Act ...

In Pennsylvania, employers must allow employees (or their designated agents) to inspect their personnel files upon reasonable request. The law applies only to actual employees, not to ex-employees or applicants who want to look at their application files ...

Organizations that perform work on public works projects in Pennsylvania must pay the prevailing wage for various semiskilled positions, as determined by the Prevailing Wage Board ...

Under Pennsylvania law, employers can refuse to hire a job applicant based on the person’s criminal history only if the criminal record directly relates to the “applicant’s suitability” for the job ...

The Pennsylvania Equal Pay Law parallels the federal Equal Pay Act in many respects. Under the law, employers can’t discriminate in pay rates because of an employee’s gender. Every Pennsylvania employer, regardless of size, must comply with the law ...

The Pennsylvania Wage Payment and Collection Act requires employers to pay wages on regular paydays or face fines or imprisonment ...

The Pennsylvania Seasonal Farm Labor Act regulates the working conditions of migrant farm workers. The act establishes minimum wages and labor hours for seasonal farm workers ...

The Pennsylvania Child Labor Act restricts employers’ ability to hire minors. Children ages 12 to 14 can work as golf caddies (within certain restrictions), and children ages 14 to 16 can work during nonschool hours. Youth under age 18 may not work more than six consecutive days ...

The Pennsylvania Medical Pay Act requires employers to bear the costs of employee medical examinations when those exams are a condition of employment ...

Pennsylvania regulates—and in some cases prohibits—industrial homework, which the Industrial Homework Act defines as “any manufacture in a home of articles or materials for an employer, representative contractor or contractor.” In other words, no in-home sweatshops are allowed in Pennsylvania ...

Because Pennsylvania takes jury duty seriously, the legislature passed a law prohibiting most employers from retaliating against or punishing employees who become jurors. The law doesn’t require employers to compensate employees for jury duty, but it clearly states that employers can’t interfere with employees’ fulfillment of their civic duty ...

New Jersey’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds employers liable for unemployment insurance (UI) payments even when former employees weren’t fired but quit their jobs ...

The New Jersey Temporary Disability Benefits Law provides cash benefits to employees who, because of a serious illness or injury, can’t perform their regular jobs and are under professional medical care. The program is compulsory for all employers covered by the state’s unemployment compensation law ...

The New Jersey workers’ compensation system is designed to protect employees who are injured on the job by replacing lost wages while they recover. The system works as a no-fault guarantee ...

The New Jersey Family Leave Act provides up to 12 weeks of unpaid leave every 24 months for employees of any New Jersey company that has 50 or more employees anywhere worldwide. The law covers employees if they’ve worked for their organization for at least one year and clocked at least 1,000 hours during the preceding 12 months ...

The New Jersey Law Against Discrimination makes it unlawful to subject people to differential treatment based on race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, liability for military service, mental or physical disability, perceived disability, AIDS and HIV status ...

As of Oct. 1, 2006, the minimum wage in New Jersey is $7.15 per hour ($1.30 per hour higher than the new federal minimum wage effective July 24, 2007). For full-time college students, employers may pay as little as 85 percent of the minimum wage ...

The New Jersey Wage Payment Law seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes, with fines of up to $1,000 per violation ...

Enforced by the Division of Wage and Hour Compliance, the New Jersey Child Labor Law prohibits employers from hiring minors under age 16 for factory jobs and other specifically excluded occupations ...

New Jersey local governments can (and sometimes do) legislate their own rules for employers within their jurisdictions. For example, several municipalities have living-wage laws stipulating higher pay than the state minimum wage ($7.15 per hour) ...

New York’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds an employer liable for unemployment insurance (UI) payments even when a former employee wasn’t fired but quit ...

New York’s workers’ compensation system is designed to protect employees who are injured on the job by replacing lost wages while they recover. The New York State Workers’ Compensation Board (www.wcb.state.ny.us/) administers the law ...

New York employers must contend with an assortment of leave laws in addition to those required by the federal FMLA and the ADA’s reasonable accommodations requirements for employees with disabilities ...

Under the New York Human Rights Law (NYHRL), it’s illegal to subject people to differential treatment based on age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status ...

 As of Jan. 1, 2007, the minimum wage in New York state is $7.15. The Division of Labor Standards in the state Department of Labor administers the law ...

If you employ at least one worker for 30 days during the calendar year, you must comply with the New York Disability Benefits Law. Coverage starts four weeks after the 30th day ...

The New York Wage Payment Law sounds rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes, with fines of up to $20,000 per violation ...

The New York Child Labor Law prohibits employers from hiring minors under age 16 for factory jobs and other specifically excluded occupations. Generally, those ages 14 to 16 can work outside school hours and during summer vacation. Certain industry-specific restrictions apply ...

City and county governments in New York can, and sometimes do, legislate their own rules for employers within their jurisdictions. For example, several municipalities set living-wage laws that stipulate higher pay than the state minimum wage (which is currently $7.15 per hour) ...

California’s unemployment compensation system, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds an employer liable for unemployment insurance (UI) payments even when a former employee wasn’t fired, but quit ...

California’s workers’ compensation system protects employees who are injured on the job by replacing lost wages while they recover. The Division of Workers’ Compensation in the California Department of Industrial Relations (www.dir.ca.gov/dwc/dwc_home_page.htm) administers the law ...

In addition to complying with the federal Family and Medical Leave Act, California employers must wade through a maze of the state's leave laws, ranging from paid family leave for a serious health condition to time off for school visitations and emergency rescue duty ...

Under California’s Fair Employment and Housing Act (FEHA), it’s unlawful to subject people to differential treatment based on race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age or sexual orientation ...

As of Jan. 1, 2007, California employers must pay a state minimum wage of $7.50 per hour, which increases to $8 per hour on Jan. 1, 2008. The minimum wage applies to all workers except ...

During a downsizing, employers have a legal obligation to inform their workers and the government of such action under certain circumstances. California employers must follow two sets of rules: the federal Worker Adjustment and Retraining Notification (WARN) Act and the state’s own tougher standard ...

California’s code governing paydays and payroll deductions seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes ...

The child labor rules in California differ from those of other states, largely because of the motion picture industry. State laws governing child labor start at birth and regulate everything from the length of the workday to the amount of light a child can be exposed to ...

California local governments can, and sometimes do, legislate their own rules for employers within their jurisdictions. For example, San Francisco County requires employers to provide paid sick leave. After 90 days on the job, all employees in the city and the county begin accruing paid sick leave at the rate of one hour for every 30 hours worked ...

Ohio’s unemployment compensation system, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds an employer liable for unemployment insurance (UI) payments even when a former employee wasn’t fired but quit ...

Ohio’s workers’ compensation system protects employees who are injured on the job by replacing lost wages while they recover. The Ohio Bureau of Workers’ Compensation (www.ohiobwc.com/) administers the law. The system works as a no-fault guarantee ...

Ohio employers must contend with an assortment of leave laws in addition to the federal FMLA and the ADA’s reasonable accommodations requirements for employees with disabilities ...

Under the Ohio Fair Employment Practices Act (OFEPA), it’s illegal to subject people to differential treatment based on race, color, religion, sex, national origin, disability, age or ancestry. The OFEPA prohibits unlawful discrimination in employment and access to places of public accommodation ...

As of Jan. 1, 2007, the minimum wage in Ohio is $6.85 per hour. Employers with gross sales of less than $250,000 may continue to pay the federal minimum wage ($5.85 per hour effective July 24, 2007) ...

Employers must notify the Ohio New Hire Reporting Center (ONHRC) in the Department of Job & Family Services within 20 days of hiring or rehiring an employee. Be aware that you must also report independent contractors as new hires ...

The Ohio Wage Payment Law seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes ...

The Ohio Minor Labor Law prohibits employers from hiring minors under age 16 for several types of work. It also restricts the hours they can work and prohibits all youth under age 18 from working in certain occupations ...

Several local governments in Ohio legislate their own rules for employers within their jurisdictions. For example, several municipalities have living-wage laws stipulating higher pay than the state minimum wage ($6.85 per hour) or ordinances banning discrimination against gay, lesbian and transgender employees ...

The Illinois Unemployment Insurance Act, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and, in some cases, holds an employer liable for unemployment insurance (UI) payments even when a former employee wasn’t fired but quit ...

The Illinois workers’ compensation system protects employees who are injured on the job by replacing lost wages while they recover. The Illinois Workers’ Compensation Commission (www.iwcc.il.gov/) administers the law. The system works as a no-fault guarantee ...

Illinois employees have enhanced leave options in addition to their rights under the federal FMLA. Employers with 50 or more employees are subject to Illinois’ School Visitation Rights Act, the Victims’ Economic Security and Safety Act and the Employee Blood Donation Leave Act. Also, employers with at least 15 employees must comply with the Illinois Family Military Leave Act ...

Under the Illinois Human Rights Act (IHRA), it’s illegal to subject people to differential treatment based on race, color, religion, sex, national origin, ancestry, citizenship status (with regard to employment), age (40 and over), marital status, familial status (with regard to housing), arrest record, physical or mental disability, military status, sexual orientation or unfavorable discharge from military service ...

Effective July 1, 2007, employers must pay workers the Illinois minimum wage of $7.50 per hour. The minimum wage applies to all workers except ...

In response to the rising number of day and temporary laborers, Illinois recently passed the Day and Temporary Labor Services Act. The law not only licenses day and temporary labor services agencies but also imposes obligations on employers that use such workers ...

The Illinois Wage Payment and Collection Act seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes. The law covers all Illinois private employers, even those with only one employee ...

With the exception of minors age 14 or older participating in federally funded work-experience programs run by the State Board of Education, the Illinois Child Labor Law prohibits employers from hiring minors under age 16 to work in theatres, concert halls or places of amusement; mercantile institutions, stores, offices, hotels and laundries; manufacturing establishments, mills, canneries, factories and workshops; restaurants and lunchrooms ...

Local governments in Illinois sometimes legislate their own rules for employers within their jurisdictions. For example, some municipalities have living-wage laws stipulating higher pay than the state’s minimum wage ($7.50 per hour as of July 1, 2007) ...

The Michigan Employment Security Act governs the state’s unemployment compensation program. As in many other states, the law provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds an employer liable for unemployment insurance (UI) payments even when a former employee wasn’t fired but quit ...

Michigan’s workers’ compensation system protects employees who are injured on the job by replacing lost wages while they recover. The Workers’ Compensation Agency (www.michigan.gov/wca) administers the law ...

While all Michigan employers with 50 or more employees within a 75-mile radius are subject to the federal FMLA, they must also grant time off as a reasonable accommodation under the state’s Persons With Disabilities Civil Rights Act (PWDCRA) ...

Under Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), it’s illegal to subject people to differential treatment based on religion, race, color, national origin, age, sex, height, weight, familial status or marital status ...

In March 2006, the Michigan legislature passed a new minimum wage law, but then amended it in August to address concerns that the new rate would entitle large segments of Michigan’s work force to overtime pay ...

The Persons With Disabilities Civil Rights Act (PWDCRA) is Michigan’s version of the federal ADA, but it has some key differences ...

Michigan’s wage payment law seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes. The law covers all Michigan private employers, even those with only one employee ...

Michigan’s child labor law prohibits employers from hiring minors under age 16 in “an occupation that is hazardous or injurious to the minor’s health or personal well-being.” You may hire minors 14 years old provided you obtain permission from their school ...

Local governments in Michigan can, and sometimes do, legislate their own rules for employers within their jurisdictions. For example, several municipalities have living-wage laws stipulating higher pay than the state minimum wage, as well as bans on sexual orientation discrimination ...

The federal government published final rules in April redefining which employees are eligible for overtime pay (see our May 17 issue). Research Recommendations hosted a telephone conference that answered questions on the new rules. Following are excerpts from the audioconference.

You can be a hero without taxing yourself. How? Expend a little effort in exchange for a lot of praise.