Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) of 2003 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.

Although state and federal laws protect new mothers from discrimination, the Ohio Supreme Court has ruled it was legitimate for an employer to fire an employee who did not ask for an accommodation to pump breast milk. The court concluded that the employer didn’t discriminate on the basis of sex, but simply terminated an employee for insubordination.

Q. Our bonus plan states that employees eligible to receive bonus pay will receive bonus advances with each paycheck based on year-to-date performance results. Last year, we were on track to meet the maximum bonus throughout most of the year, but the last few months of the year were slow and we didn’t meet our target goal. As a result, we deducted certain amounts from the last few paychecks of salaried employees. Do these deductions threaten the exempt status of the salaried employees?

Employees who sue under the FMLA for alleged interference with the right to take covered leave can’t throw in an additional claim for wrongful termination under state common law. That’s because North Carolina allows wrongful termination claims only in very limited circumstances ...

By federal law, employees have the right to discuss salaries and benefits with one another. Plus, in North Carolina, members of the public also have the right to specific information about public employees’ salaries. That does not mean, however, that public employers can’t reprimand employees who break rules against distributing that information in a way that creates conflict or animosity.

You’re probably familiar with the legislative fight brewing over the proposed Employee Free Choice Act. That debate has spotlighted a fact many employers don’t realize: Nonunion employers must comply with requirements of the National Labor Relations Act. To help you comply, here are the major traps to watch for:

It's no secret that employees gossip about pay. And it's no secret that those conversations often cause resentment and tension in the workplace. Wouldn't it be great if you could forbid employees from discussing compensation? Don't even think about it until you've read this comprehensive guide to the requirements of the National Labor Relations Act.

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.

The EEOC recently filed a lawsuit against a San Antonio apartment management company for discriminating against an employee after he hired a black worker.

Just won an Illinois whistle-blower case? Don’t rest easy yet! If you’re an employer that’s also covered by federal law, brace yourself for a federal whistle-blower lawsuit, too.

The Florida Legislature and Gov. Charlie Crist have given members of the uniformed services—and especially National Guard members—some new and improved employment rights under the Florida Military Affairs Act. They come in the form of amendments to Chapter 250 of the Florida Statutes, which includes the Florida Uniformed Servicemembers Protection Act.

A California Division of Labor Standards Enforcement opinion letter has given the green light to an increasingly common employment practice in today’s fragile economy: Cutting exempt employees’ normal workweeks and then paying them proportionately less.

Employers that end up violating the FMLA—unintentionally or not—don’t face an additional problem under North Carolina law. The supposed problem: At-will employees in North Carolina can sue their employers if they’re terminated and the discharge violates public policy. But failing to follow the intricacies of federal laws and regulations doesn’t violate public policy.

Q. We are a small company and do not have an employee handbook. Are we required to have one?

Cherryville-based R-Anell Housing has agreed to a $200,000 settlement with the EEOC after the company refused to hire female applicants. According to the EEOC, the modular home building company maintains a sex-segregated workplace that “has the effect of denying female employees equal employment opportunities.”

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.

Departing employees who are asked to sign severance packages now have a new tool to discover if those packages comply with federal law. The EEOC just unveiled a new guidance document that is expected to cause more people to question their severance packages—either to HR or to a court.

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:

Times are changing in the world of workplace immigration law. Employers now have to complete a new version of the I-9 Form. The feds just launched “a bold new audit initiative” to punish employers who hire illegals. And starting Sept. 8, thousands of federal contractors are required to use the electronic E-Verify system. Result: a greater risk for immigration-related trouble than ever before ...

A new federal law that takes effect Nov. 8 extends eligibility for group health insurance coverage to certain dependent children over the age of 18 who are enrolled in institutions of higher education.

A new federal law takes effect Nov. 8 that extends eligibility for group health insurance coverage to certain dependent children over age 18 who are enrolled in institutions of higher education.

Do you require employees to sign an agreement to arbitrate workplace disputes as a condition of employment? If so, you don’t lose the right to force the case into arbitration if you don’t ask for it during an EEOC investigation.

The Employee Retirement Income Security Act (ERISA) requires employers to follow the terms of their collective bargaining agreements when they contribute to employee benefit plans. The 9th Circuit Court of Appeals has refused to extend the concept of “joint employer” to ERISA’s collective bargaining agreement provision when the second entity has not signed that agreement.

The U.S. Department of Labor has cited nine blueberry farms and 17 labor contractors for violations of child labor laws, the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The farms and contractors operated in Bladen and Craven counties.

The EEOC has filed a lawsuit against Greenville-based Carter Behavior Health Services, claiming the owner continually harassed female employees.

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:

The Obama administration's immigration enforcement activities will target employers that hire undocumented workers instead of the workers themselves. Employers, take note: Follow your employment eligibility verification processes to a "T". Failing to comply can carry a high price: huge fines and criminal charges.

Managers and supervisors are at the front lines of making decisions that often trigger lawsuits—promotions, pay raises, terminations and job assignments. But the most legally dangerous of all those situations is interviewing job candidates. Here are five questions that can reveal more about job interviewees, without risking a hiring discrimination charge.

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.

A new federal law takes effect Nov. 8 that extends eligibility for group health insurance coverage to some dependent children age 18 or older who are higher-education students.

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 …

Discipline one day after complaint? See you in court ... Obscure terms could trigger race-bias suit ... Teach front-line staff how to handle legal papers ... Employees can have more than one "employer" ... Employee is her own lawyer? Don't pull punches.

As the recession drags on, many employers have begun trimming compensation. If you plan to cut pay for exempt employees, do so with care. Handle it wrong, and you could run afoul of the Fair Labor Standards Act, the federal law governing wage-and-hour practices. The worst-case: Cutting pay and hours could turn exempt employees into nonexempt hourly workers.

The Mental Health Parity and Addiction Equity Act of 2008, which takes effect Oct. 3, has more employers worried about rising health insurance premiums—and looking to employee assistance programs as a way to keep costs down. The law prohibits group health plans covering 50 or more employees from imposing extraordinary coverage caps on mental health and substance abuse treatment.

Are some of your organization’s supervisors still stuck in the Dark Ages when it comes to attitudes about pregnancy, childbirth and child care? If so, your organization may be a few off-base questions away from triggering a discrimination lawsuit. Remind managers and supervisors to keep their opinions on mothers and motherhood to themselves.

The Fair Labor Standards Act says some managers may be held personally liable for unpaid wages, independent of the company’s obligation to pay. Not even a company bankruptcy halts individual liability.

Q. One of my employees who recently quit has failed to pay back a personal charge he made on our corporate credit card. Can I simply deduct the amount of the charge from his last paycheck or withhold his final paycheck until he pays for the charge?

Are you considering ways to weather the current economic storm? Perhaps you can cut some benefits, at least for new hires and maybe for current employees, too. For example, nothing in California law (or federal law, for that matter) requires you to offer vacation time or pay.

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 federal government has slowly been introducing laws that force employers across the country to provide employee benefits: for example, the FMLA, USERRA and the ADA. Now Congress is considering several legislative initiatives that would require employers to provide additional benefits.

In sharp contrast to optimistic forecasts that technology would rid your company of the “paper monster,” computers seem to have exacerbated the problem. Now, you’re sending, receiving and storing information electronically and printing copies—lots of copies. You may be able to live with the mess, but what will happen someday if you need to get your hands on one of those documents?

Job discrimination claims are running at record-high levels in the past two years. Way too many problems start when hiring managers ask the wrong questions during job interviews. Here's how to ask five key questions without risking a hiring discrimination charge. (Plus 16 questions no one should ever ask.)

Employees who want to file a discrimination complaint have to meet tight deadlines. They have just 90 days after receiving an EEOC “right-to-sue” letter to start their lawsuits. A perceived threat from an employer —such as a statement that it will “dig up” everything it can about the employee—doesn’t excuse missing the deadline.

The federal E-Verify program allows employers to voluntarily enroll in the federal government’s Internet-based system for verifying the employment authorization documents submitted by new hires. Consult your attorney before enrolling in E-Verify to determine whether it makes sense to do so.

Q. To prevent productivity and morale problems, we would like to adopt a policy stating the company will not hire the spouses of current employees. Would this be lawful?

Q. I have heard about a new federal law that makes it possible for a nonemployee to sue our company for discrimination. Is that correct? How could such a claim come up and is there anything we can do about it?

If you develop a reasonable retention policy and follow through by regularly deleting information you don’t need, chances are an employee later won’t be able to say you intentionally interfered with the ability to present a legal case ...

Last year, U.S. employees filed a record number of legal complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require managers to treat all applicants and employees equally. But what, specifically, do the laws require of supervisors and managers? Here’s a rundown:

When an employee announces she’s pregnant, it’s important for HR and supervisors to know what they must do—and what they can’t do (or say) under federal anti-discrimination and leave laws. Most employers must comply with the Pregnancy Discrimination Act and the FMLA. The ADA may apply if pregnancy complications arise.

Q. Is there anything I can do to deter employees from stealing or damaging computers after a termination?

The EEOC has filed a federal lawsuit accusing the Florida Institute for Neurological Rehabilitation of violating the ADA when it refused to accommodate a disabled employee’s request for training assistance.

Employers enter a legal minefield when they inquire about the health of applicants or employees. State and federal laws—such as the North Carolina Workers’ Compensation Act (WCA), the ADA and the FMLA—overlap, and any misstep can cause a litigation explosion.

Q. We have a good reason to believe that one of our employees is divulging proprietary company information to a friend of his who works for our competition. We have a device that would allow us to listen in on his phone conversations, but not record it. Is it within our rights as an employer to listen in on his calls?

Siding with employers, the U.S. Supreme Court recently ruled that union contracts could bind employees to arbitrate discrimination claims under federal law. The court ruled against a group of fired night watchmen in New York who wanted to pursue age discrimination lawsuits in court.

A comprehensive document management system can help your business boost productivity, improve the bottom line and stay out of legal trouble. Here are three ways to organize files for easy retrieval, establish a record retention schedule and tame your wild email inbox.

Q. We are considering using an investigative agency to verify applicants’ prior employment, education and possible criminal background. Are there any New York laws that are applicable?

Employees are often quite sophisticated about their legal rights—especially when they suspect their jobs may be on the chopping block. When they think of the lawsuit possibilities, they may even try to set up their employers. One easy way
to get a case going is to blow the whistle on alleged wrongdoing.

Don’t think that because your organization doesn’t have direct control over some workers, you’re not their “employer” under federal law. Simply put, you’re probably the employer if you assign projects, control the means by which assignments are completed, specify the skills required, control how the work is done and hire and decide how much to pay the worker.

When it comes to a racially hostile environment, management must stay on top of the situation. As soon as anyone in HR or upper management gets even the slightest hint that hostile bias has reared its head on the front line, jump into action.

Here’s some encouraging news for employers. Courts are cracking down on employees who file seemingly never-ending successions of lawsuits. They’re dismissing such suits fast. But a court can do so only if you let it know that the former employee has already filed (and lost or won) a previous round of litigation.

It wasn't fun and games when stuffed-toy retailer Build-A-Bear Workshop was recently cited for child labor violations. According to a federal audit, the company allowed workers under age 18 to operate trash compactors and ride in freight elevators without an adult operator. Failing to comply with federal and state child labor rules can mean real trouble. Here's how to stay on the right side of the law.

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.

Q. How long after employees have left should we retain their files? And if we shred the files, do we have to keep a record of employment date, termination date and any other information?

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.

Your risk of running afoul of the child labor laws has increased, and penalties can be harsh. A recent government study found a surprisingly high percentage of teen employees working longer hours than federal law allows, and also in jobs deemed too dangerous by law. Now, federal and state safety investigators are more interested than ever in child labor compliance.

A federal court has ruled that Ohio employees who want to sue for disability discrimination can’t add on an additional claim of wrongful discharge under the so-called public policy of the state of Ohio. Employees have to use the federal ADA and the state disability discrimination statute instead.

Q. May an employer include language in its sexual harassment policy imposing discipline on employees who bring false claims of harassment?

Q. Is North Carolina providing a subsidy for health care continuation for employers with fewer than 20 employees similar to the federal subsidy contained in the new economic stimulus law?

Last year, U.S. employees filed a record number of legal complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require managers to treat all applicants and employees equally. But what, specifically, do the laws require of supervisors and managers? Here’s a rundown.

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.

As an employer, you may be used to cases moving quickly through the EEOC and on to court. That’s because employees must file EEOC complaints within 300 days of the alleged discrimination. They then have 90 days after the EEOC dismisses the complaint to file a federal lawsuit. But black employees can also file a lawsuit under another section of the Civil Rights Act.

Some employers unknowingly misclassify some of their employees as independent contractors. In doing so, they risk suffering severe consequences. By becoming familiar with the following tests, you minimize the chances of misclassifying an employee.

One of the first laws passed this year by the Minnesota Legislature will help about 3,000 Minnesotans who were about to exhaust their unemployment benefits ...

Employees who long ago were denied training opportunities because of their race can’t wait decades to sue their employers for later lost promotion opportunities, the 7th Circuit Court of Appeals had ruled.

Q. One of our employees is experiencing performance-related problems that I believe are attributable to a mental disability. However, the worker has not notified the company that he suffers from an impairment that may be a covered “disability” under state or federal laws. Nor has he asked for any accommodations. Should we nonetheless offer to reasonably accommodate this employee?

The California Labor Code prohibits potential employers from asking about marijuana possession convictions more than two years old. But sometimes, federal law overrides state law—and that’s the case for employers that are hiring potential employees to work in pharmacies.

The recently signed Lilly Ledbetter Fair Pay Act may apply to pay discrimination cases that were filed before the law was signed and after the U.S. Supreme Court ruled in 2007 that employees have just 300 days to file pay claims after the initial alleged discriminatory decision.

Carole Smith, who worked for property management firm Normandy Properties, sued the company for pregnancy discrimination, and a jury awarded her $600,000 in compensatory damages. Then it assessed the company $1.2 million in punitive damages.

The Fair Credit Reporting Act regulates how your company performs a job background check on applicants. Contrary to popular belief, this federal law doesn’t just cover credit checks. It covers any background report, such as driving records and criminal histories obtained from a “consumer reporting agency.”

Q. Is it legal for my company to pay our hourly employees comp time instead of paying time-and-a-half for overtime worked?

In what’s being described as the largest settlement ever for wage-related lawsuits, Wal-Mart recently agreed to pay as much as $640 million to settle 63 pending lawsuits over wage-and-hour violations.

If, like many employers, you rely on a bonus plan to help retain valued employees and motivate them to work hard, don’t get caught in this common trap: Employees who worked overtime during the bonus-earning period will be entitled to additional overtime pay after they get their bonuses.

The 9th Circuit Court of Appeals had ruled that cruise lines and the unions who negotiate labor contracts on behalf of the “seamen” who work on cruise ships can agree that all disputes go to arbitration, and that employment contracts that include arbitration clauses are enforceable.

After a teacher was caught using heroin in an elementary school classroom, the Charlotte-Mecklenburg Schools decided it needed to do more than check newly hired employees for criminal records.

Regular attendance is a key job function for most of your employees. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA ...

Crystal Dixon, former associate vice president of HR at the University of Toledo (UT), has filed a federal lawsuit challenging her termination for writing a newspaper column that conflicted with the university’s values. In April 2008, Dixon wrote an opinion piece defending limits on domestic-partner benefits ...

Think again if you believe you’re in the clear after a former employee misses a shot at filing a Title VII discrimination suit by waiting too long. Even if an employee waits more than 90 days to sue after the EEOC dismissed his case, that employee may have another bite at the apple—in the form of a North Carolina wrongful discharge lawsuit.

Q. Flu season is coming and we are concerned. If employees have the flu or show flu symptoms, can we require them to stay home long enough to make sure they are no longer contagious? Would we have to pay them for time away?

In 2007, a U.S. District Court judge in California had enjoined the U.S. Department of Homeland Security from enforcing new rules that changed the language of the no-match letters issued by the Social Security Administration and the requirements for how employers must respond to the letters. DHS announced that its final no-match rule was taking effect Oct. 28, 2008.

Employers, beware: The 11th Circuit Court of Appeals has just made it much easier for the DOL to file lawsuits against employers. All the DOL needs to do is file a complaint alleging unpaid wages.

HR Law 101: Since 1993, the Family and Medical Leave Act has provided eligible employees up to 12 weeks of unpaid, job-protected leave per year for the birth, adoption or foster care of a child; caring for a child, spouse or parent with a serious health condition; or convalescence after an employee’s own serious health condition ...

Small business owners usually aren't HR professionals. Figuring out how to effectively — and legally — manage your personnel records is often a daunting task. But, developing a records retention schedule will ensure that a small business keeps the records it needs for operational, legal, fiscal or historical reasons, and then destroys them when they're no longer useful.

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 Law 101: The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities who can perform a job's essential functions with or without reasonable accommodation. All employers that have 15 or more employees must comply with the law ...

Don’t be surprised if your employees who are bicycling enthusiasts approach HR about a bicycle commuting benefit recently passed into federal law. The Bicycle Commuter Act allows employers of every size to deduct the cost of subsidizing bicycle commuting from their federal taxes.

HR Law 101: Protecting yourself and your company from lawsuits starts the minute you decide to hire someone. Potential lawsuit land mines line your path. Federal laws provide a patchwork of legislation protecting workers and applicants from discrimination by employers ...

The Lilly Ledbetter Fair Pay Act that President Obama signed into law last week is just the beginning of what's shaping up to be a wave of new pro-employee legislation from the current Congress and administration. Next up on the Congressional front-burner: the Employee Free Choice Act (EFCA), which would make it far easier for unions to gain certification. In this Congressional climate, organized labor is poised for rapid expansion.

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.

Undoubtedly, you want to make things as easy as possible on your heirs, from both a financial and emotional standpoint. Strategy: Investigate the idea of using a “funeral trust,” which you fund ahead of time to help pay for future funeral costs. And a funeral trust may benefit from a special tax election.

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 ...

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.

Q. We run a manufacturing facility, and our production needs do not always permit our employees to take breaks during the workday. A group of employees have complained that we are required by law to provide rest breaks and a lunch break during their shifts. Are they right?

The global financial meltdown has workers fearful and downright angry. If you plan on surviving the recession, your managers must acknowledge the fear and anger employees may feel. Don't let these seven gripes pollute your workplace.

Q. In our industry, there is a historical practice to pay field workers a daily wage, which compensates them for all hours worked. Now we understand that class actions are being used in the wage-and-hour area to fight such practices. Is this practice a good idea in light of class-action suits?

Employees making Title VII discrimination claims must file their complaints with the EEOC before filing a federal lawsuit … most of the time, but not always.

Judge Otis Wright II of the U.S. District Court for the Central District of California recently approved a $2.8 million settlement between retailer Kmart and workers who claimed they were not compensated for meal and rest breaks.

If the EEOC decides not to pursue an employee's discrimination case itself, it will issue a “Right to sue” letter. Employees then have up to 90 days to file a federal lawsuit. But before you dance a little jig on the 90th day, consider this ...

The American Coal Company has filed a lawsuit against the federal Mine Safety and Health Administration (MSHA), claiming that recent inspections at its Galatia Mining Complex violated federal law and MSHA’s own regulations.

Advances in medical research have resulted in the early detection and treatment of illnesses. One of the most significant advancements is testing that can identify genetic differences that could increase an individual’s chance of developing a particular disease. But there’s a downside to such progress ...

A temporary employment agency violated federal labor law by including a confidentiality provision in an employment contract, according to a recent NLRB ruling (Northeastern Land Services, Ltd. dba The NLS Group and Jamison John Dupuy, 352 NLRB No. 89, 2008). In the case, the agency fired a worker for violating the confidentiality provision ...

Federal agencies were embarrassed by a national newspaper report last month that revealed at least $5 billion worth of federal contracts intended for small businesses actually went to large companies.

Recently, attorneys have been trying out a different tactic when employees have waited too long to file sexual harassment and other discrimination claims under either the federal Title VII or the Pennsylvania Human Rights Act.  They’ve tried suing the employer under the Pennsylvania Equal Rights Amendment. Now the Pennsylvania Superior Court has nixed that avenue ...

If you have employees or operations in New York City, your sexual harassment and discrimination policies must reflect the strict rules employers are required to follow under the New York City Human Rights Law. It all adds up to a challenging HR environment. Your best bet in New York City—adopt a zero-tolerance policy for any sort of sexual, racial or other harassment.

Q. I own my own business, and controlling my insurance costs is my biggest challenge. Recently, I learned one of my employees has been tested and has the genetic makeup likely to develop into a very serious illness. While I feel sorry for the employee, this disease is likely to cost our company hundreds of thousands of dollars. Can I fire the employee?

Gov. David Paterson has signed into law the State Worker Adjustment and Retraining Notification (WARN) Act, which increases employers’ obligations to notify workers of upcoming layoffs. The new state law is tougher on employers than the federal WARN Act.

With the Employee Free Choice Act on the Congressional front-burner, organized labor is poised for rapid expansion. Now is the time to audit your vulnerability to union organizing. How can you tell if workers might be eager to become union members? Ask yourself these questions.

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 ...

No federal or state law requires employers to use job applications. But if you do require applicants to fill them out, know the legal do’s and don’ts of what questions to ask. Here's the topic-by-topic guidance you need, along with relevant records-retention rules.

President Obama has put forth a significant employment and labor agenda. If he and the Democratic-controlled Congress succeed in passing proposed legislation, the next several years will see the creation of new protected classes, more family leave rights and the re-emergence of labor unions.

New amendments to the New York Labor Law now mean New York employers face tougher layoff notification requirements under state law than they do under federal law. The NYWARN Act, which takes effect Feb. 1, 2009, imposes requirements in addition to those mandated by the federal WARN Act ...

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

Federal law says employers are allowed, but not required, to make copies of the drivers' licenses and other documents that their employees show for I-9 purposes. But is it legally wise to make those copies? Attorneys are split on the issue. Here's our analysis, plus answers to six common I-9 questions ...

Q. We are a startup company seeking investors, and we currently have limited cash flow. The company’s founders own the company on a 50/50 basis and are serving as the company’s officers. We can’t afford to pay them, and they are willing to work for free as part of their investment in building the company. Can we do that?

Q. One of our managers who hires for his division has started passing around the résumés of possible candidates to other managers. He wants to get their opinions on the candidates. Does passing along résumés to these people violate any privacy laws?

Good news for public employers: The 6th Circuit Court of Appeals has clarified that government employees cannot do an end-run around the workers’ comp system by trying to call their injuries a Constitutional deprivation of due process and suing in federal court ...

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.

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

It's a deceptively simple concept: You have to pay nonexempt employees for every hour they work. But employers often trip over interpretation of that law when it comes to exceptions such as meal and rest breaks. Here's a plain-English explanation of a sometimes tricky situation. PLUS! Find out what workers are really doing on their coffee breaks!

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

It isn’t enough to fix discrimination and end harassment when you find out about it. Under California’s Fair Employment and Housing Act (FEHA) your organization has a duty to prevent it ...

The 9th Circuit Court of Appeals has limited the way state employees can sue the agencies where they work for violating their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). State employees can’t go to federal court with their claims. Instead, they must sue in state court ...

Employers and HR professionals should make it their policy never to hire a candidate without a comprehensive background check. But, they also must comply with the Fair Credit Reporting Act (FCRA), which regulates how employers perform employment background checks on job applicants. Contrary to popular belief, this federal law doesn’t cover just credit checks.

By one vote, the Connecticut Supreme Court ruled that the state’s law requiring same-sex couples to enter into civil unions rather than marriages was unconstitutional. Connecticut now becomes the third state—after Massachusetts and California—to recognize same-sex marriages. Connecticut employers must now alter their employment policies and benefits to match the patchwork of federal and state laws that this decision creates.

On Jan. 1, 2008, Arizona’s tough anti-immigration law takes effect and the state’s employers are worried. Businesses that are caught employing undocumented workers face the suspension or loss of their business license. And employers in other states are worrying about the spread of such laws to their states.

Sometimes, an HR internal investigation reveals that, although harassment occurred, it didn’t rise to the level of illegal harassment. Don’t let that finding lull you into ignoring the complaint—and certainly don’t allow anyone to punish the person who complained ...

The U.S. Department of Labor (DOL) last month debuted the FirstStep Recordkeeping, Reporting and Notices Advisor, an online tool that helps employers determine which federal laws, record-keeping requirements and poster rules apply to them ...

New York City employers, beware: The sky may be the limit for discrimination damage awards. Federal law limits punitive damage awards in Title VII discrimination lawsuits to no more than $300,000 for large employers. New York state law doesn’t allow them at all. But the New York City Administrative Code discrimination provisions allow juries to award unlimited punitive damages ...

The Texas Supreme Court has ruled that employees who want to sue for most kinds of employment discrimination under Texas state law must use the provisions of the Texas Commission on Human Rights Act. They can’t sue under the Texas Whistleblower Act in an effort to sidestep the CHRA’s rather complex procedures or miss its short filing deadlines ...

Public employers aren’t required to abide by all sections of the FMLA because they have limited immunity from federal lawsuits. For example, state employees taking leave under the FMLA’s self-care provisions can’t sue for money damages. But recently the 5th Circuit Court of Appeals has ruled that immunity does not extend to a claim for reinstatement after an employee takes FMLA leave ...

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 most employees, regular attendance is a key job function. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA.

No federal law mandates that employees who are in state-sanctioned same-sex unions must receive the same employee benefits that heterosexual married couples receive. But the writing is on the wall. And even employers in states that ban same-sex unions may find themselves targeted by advocates for greater benefits ... 

If employees ask for Sundays off from work for religious reasons, must they attend services in an actual church or synagogue that day? A new court ruling clarifies that the answer is “no” ...

Do you have to treat transgendered job applicants differently? Which box, if any, do you check on the application—male or female? And what special laws must you know about?

Q. All our department managers are salaried. When they’re hired, they agree in writing to work at least 50 hours per week. If they miss a day or work only 45 hours in a week, can we deduct from their salaries? — B.L., Florida  ...

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 ...

Besides the federal Fair Labor Standards Act, Colorado employers must also comply with the state’s child labor law, administered by the Colorado Division of Labor ...

Minnesota has a two-tiered minimum wage. Large employers (with annual receipts of $625,000 or more) must pay workers $6.15 per hour. Small employers (with receipts of less than $625,000) must pay $5.25 per hour. But many of those small employers must also comply with the federal Fair Labor Standards Act, which requires paying a minimum wage of $5.85 per hour ...

In view of concerns about undocumented workers, Colorado recently enacted its own immigration law, which requires employers to take certain actions beyond what the federal Immigration Reform and Control Act mandates. Employers must make an affirmation within 20 days of hiring a new employee ...

HR Law 101: Under the Age Discrimination in Employment Act of 1967, employers with 20 or more workers can’t engage in personnel practices that discriminate against individuals age 40 and older. Most age discrimination cases grow out of wrongful discharge and mandatory retirement policies, but they can involve any adverse change in working conditions ...

HR Law 101: To ensure you’re in compliance with the FLSA, it’s important to understand the definition of “hours of work.” Any hour when an employee’s on duty is considered time worked. The only period usually excluded: when an employee uses the time for personal reasons ...

If there was ever a reason to involve your attorney in an EEOC investigation, here’s a powerful one: If a lone employee who brings an EEOC complaint claims you favored white employees, he may be able to expand his lawsuit to represent all nonwhite employees who were allegedly discriminated against, not just employees in his particular protected class ...

Still reeling from a protracted, embarrassing trial and punishing verdict in Anucha Browne Sanders’ sexual harassment suit against New York Knicks coach Isiah Thomas, Madison Square Garden (MSG) has quietly settled a sexual harassment lawsuit with former New York Rangers cheerleader Courtney Prince for an undisclosed amount ...

Last year, while you were hard at work, so was the New York Legislature. Lawmakers passed a record number of laws affecting employers in 2007. Some laws you may have read about, while others you may have missed. Make sure you're up to speed on new state laws that surely will impact how you manage employees in 2008 and beyond ...

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

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

The New Jersey Conscientious Employee Protection Act (CEPA) protects employees who report illegal activity. Punishing someone for exercising CEPA rights is also illegal—and supervisors who participate in that punishment may be personally liable for the violation. Simply put, their personal assets are at stake. If HR is complicit, so are yours ...

Employers often have to balance the rights of divergent protected groups in ways that seem impossible. Consider what happens when a local ordinance says you cannot discriminate against an employee based on sexual orientation, while state and federal law says you cannot discriminate against someone for a sincerely held religious belief ...

Good news for employers: Employees who claim disability discrimination can’t sue under both state and federal laws. They have to choose whether to sue under the ADA or the North Carolina Persons With Disabilities Protection Act ...

As another year of double-digit increases in health care costs looms, employers are looking to save money wherever they can. Recently, many have tried to do so by implementing incentive programs designed to improve the health of their employees. But health incentive plans must comply with the Health Insurance Portability and Accountability Act's privacy and nondiscrimination rules ...

The EEOC has filed a religious discrimination lawsuit against Folks, the metro Atlanta and North Georgia restaurant chain, for allegedly refusing to employ a woman because of her religious attire ...

Punishing someone who has filed EEOC or other discrimination claims is illegal. But that shouldn’t stop you from enforcing reasonable rules. Courts won’t ordinarily view as retaliation minor disciplinary actions that don’t cost employees any pay or benefits ...

The controversial San Francisco city plan to roll out universal health care coverage for residents won a huge victory when the 9th Circuit Court of Appeals ruled unanimously that the plan could go ahead. The court allowed the city to proceed with its plan to require all businesses with more than 20 employees to pay a fee to help cover health care costs ...

Two companies providing services in the Hurricane Katrina recovery have agreed to pay a total of nearly $1 million to settle claims that nearly 400 workers weren’t paid fairly for their overtime hours ...

While workplace bullying certainly has existed for as long as mean people have worked alongside others, only recently has it emerged as an issue for the courts to handle. As awareness of “workplace bullying” arises, so does potential litigation and liability for employers ...

Barbara Sykes said it was “political back and forth” that led her to resign her post as appointed head of Ohio’s Civil Rights Commission (CRC) just before her confirmation hearing. Sykes locked horns with Gov. Ted Strickland over the commission’s proposal to expand Ohio’s maternity leave requirements ...

In the fall of 2007, the Ohio Civil Rights Commission’s proposed revisions to the rules governing pregnancy discrimination became a hot political topic. Due to some unusual political wrangling, the future of the proposed rule revision is very much in question ...

Businesses must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. Further complicating matters, most states have their own laws that override the federal requirements. To comply, you first must know which laws apply to your business, based on the number of people you employ ...

Starting in 2008, Tribune Co., owner of the Chicago Tribune, began applying a monthly surcharge of $100 to the family health insurance premiums of workers who use tobacco or whose insured dependents do. Employees who kick the habit through the company’s smoking cessation program lose the surcharge ...

Q. We have a number of employees who smoke cigarettes and want to take breaks in order to light up. Is an employee entitled to smoking breaks during the workday? ...

With health insurance premiums outpacing inflation for what feels like the hundredth year in a row, employers are looking for innovative ways to cut costs. Many are taking a fresh look at wellness programs. So is the EEOC.

When actor George Clooney was admitted into the Palisades Medical Center in North Bergen after a motorcycle accident, staffers scrambled to get a glimpse of the star. Others apparently contented themselves with a peek at his medical files ...

Q. Today, I received notice of a discrimination claim from a former employee I fired 200 days ago. I thought my company was in the clear because employment discrimination complaints had to be filed within 180 days. I was surprised to hear from my HR department that the limitation period for filing the complaints can extend to 300 days. Is this true? And under what circumstances does the 300-day deadline apply? ...

Advances in genetic research have renewed attention on the workplace implications of genetic testing. Genetic research has many potential benefits. But there is growing concern that employers with access to genetic information may use it to discriminate ...

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 ...

An engineer at a Georgia nuclear plant was terminated and escorted from the plant after he filed a complaint about plant safety with the Nuclear Regulatory Commission (NRC). The engineer filed the complaint after a valve at the plant became stuck, affecting the plant’s ability to control the nuclear reaction ...

Florida’s minimum wage rises to $6.79 per hour on Jan. 1, 2008. Florida law requires the Agency for Workforce Innovation to adjust the minimum wage annually to reflect changes in the U.S. Consumer Price Index for urban wage earners and clerical workers in the South. The index rose 1.85% in the year ending Sept. 1, 2007 ...

Many companies have horribly confusing organizational charts—or no org charts at all. A new court ruling issues a stern warning to employers: If you want to avoid harassment liability, you’d better get your straight-edged ruler out and connect employees to their supervisors by name.

Whether an employer is liable for workplace harassment under Title VII of the Civil Rights Act or state law oftentimes turns on the status of the harasser. If the employee’s supervisor is the harasser, liability for adverse action harassment is automatic. If, however, the harasser is a fellow employee or a supervisor other than the employee’s, the employee must show that the employer knew or should have known about the harassing behavior ...

Sometimes employees file discrimination complaints just to see if their employers will retaliate in some way. Then they hit back with a retaliation claim. It’s a classic trap—and it doesn’t matter if the original complaint was weak. Don’t fall for it. Instead, make sure you treat the employee exactly as you would have if he hadn’t filed the complaint ...

Indiana has joined a growing number of states that require midsize and larger employers to provide job-protected leave to eligible employees who have family members on active duty in the U.S. armed forces and the Indiana National Guard. The law is expected to have a significant impact on Indiana employers since more than 37,000 Indiana residents serve in the military or in National Guard units. Note, though, that the deployed family member doesn’t have to be an Indiana resident ...

Twenty-two current and former workers for Casino Queen of East Saint Louis filed a federal lawsuit alleging the casino disciplines black workers more harshly than white workers and favors white employees in giving job assignments and promotions ...

When union-organizing efforts target a business, managers usually sit on the sidelines. But managers may have sympathies with either side, and their actions could cause problems for either the employer or the union. Your best bet is to rely on professional negotiators and labor counsel ...

Ohio has long recognized a common-law claim against wrongful discharge that violates public policy. For example, firing employees for filing a workers’ compensation claim would violate public policy. The same holds true for some claims that arguably would be covered by specific state and federal laws, such as the ADA and Ohio’s disability-discrimination law ...

Having a clear, comprehensive and responsive harassment policy in place—and advertising its existence—is the best way to prevent a hostile work environment. Not coincidentally, that’s also the best way to avoid legal trouble. Not only can a policy prevent harassment by letting everyone know what’s unacceptable, but it also ensures employees who believe they have been victims of harassment can’t claim ignorance of the available remedies ...

No doubt, you’ve read about the U.S. Department of Homeland Security’s (DHS) efforts to enforce the nation’s immigration laws by cracking down on employers that hire and employ illegal immigrants. So you might be surprised to learn that a New York state court has ruled that even an illegal immigrant who admits he forged his I-9 documentation and was fired can sue for state wage-law violations ...

The U.S. Labor Department sued Pilgrim’s Pride Corp. for violating the Fair Labor Standards Act by failing to pay approximately $3 million in overtime wages to more than 500 former and current employees. The department claims employee records at the company’s Dallas facility failed to show the number of hours the poultry-processing employees worked each day and the total number of hours they worked each week ...

Employers nationwide breathed a sigh of relief when the U.S. Supreme Court recently ruled that employees must promptly bring discrimination claims. But the decision in the Ledbetter case isn’t as simple as press coverage may have suggested. In fact, any move a supervisor makes that could be interpreted as retaliation for the earlier, expired claim may be seen as retaliation for earlier complaints ...

Employees are supposed to file EEOC and Pennsylvania Human Relations Commission (PHRC) complaints that fully explain the discrimination claims they’re making. The idea is to let employers know early on what the complaint is all about so that the case can be settled or sent on to court. But courts are lenient, sometimes bending over backward to allow a late claim based on general language in the EEOC or PHRC complaint ...

Employers are legally obligated to maintain a safe work environment. When employees commit violent acts against co-workers or customers, employers can be held responsible through negligent-hiring and supervision lawsuits. Each year, roughly 1,000 people are workplace homicide victims. And research shows that killings are five to seven times more likely to occur at workplaces where guns are allowed ...

New Jersey law provides more time than federal law for employees to sue their employers for discrimination. The New Jersey Law Against Discrimination (NJLAD) allows employees to make discrimination claims up to two years following termination, longer than under the federal Title VII of the Civil Rights Act. That means employees who miss their EEOC filing deadline for federal claims still can sue under state law ...

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 ...

The new JW Marriott in Grand Rapids had plans to reserve a hotel floor exclusively for women. The rooms would offer chenille blankets, robes and special soaps for a $30 premium over regular room prices. Now the novel arrangement, designed to entice female business travelers, is on hold ...

You know it’s illegal to discriminate against someone based on his or her national origin. You may not know that it's also illegal to discriminate against someone who simply has characteristics that reflect a particular heritage, whether or not he or she claims a particular heritage ...

If you use an arbitration clause to limit federal lawsuits, now is a good time to review the terms. As an employer in the 11th Circuit, you can require employees to arbitrate just about any employment dispute. That can be a distinct advantage, especially as more and more attorneys representing employees push for class-action lawsuits. If employees agree to arbitration, it’s far less likely the case will mushroom to include all similarly situated employees ...

Employees who claim they were fired illegally and whose jobs are protected by the Civil Service Act can win their lawsuits—if they can prove the Civil Service Board merely rubber-stamped a supervisor’s discriminatory decision. Until now, it was unclear whether that was the case ...

Florida employers were required to have smoke-free workplaces since the mid-1980s, but the state recently amended the Florida Clean Indoor Air Act to comply with the Florida Health Initiative. The law prohibits smoking in an “enclosed indoor workplace” with the exception of ...

Q. If an employee quits or is terminated and refuses to return employer property—such as a pager or a cell phone—can the employer deduct the value of the property from the employee’s final paycheck? ...

Is your organization going through a transition period marked by discharges and new hires? If so, take a quick look at your pre- and post-transition work force composition. If the diversity of your work force has changed dramatically, you may need to consider the possibility of a federal lawsuit hitting you next. If this sounds familiar, rethink your strategy before it’s too late ...

In EEOC hearings, employers get a chance to defend their actions, and the agency often concludes that the employer did no wrong. But what about instances when the agency sides with the employee? Should you immediately accept defeat and settle the case? Not if you’re settling because you’re worried that the EEOC decision might become part of a federal lawsuit ...

In June, Gov. Rick Perry signed a bill that requires Texas businesses receiving taxpayer-subsidized, job-creation grants and tax abatements to certify that they will not knowingly employ undocumented workers ...

Indiana’s child labor regulations generally follow federal law but have some interesting twists that can trip up employers. Minors are prohibited from working in any hazardous occupation designated by the federal Fair Labor Standards Act. Children ages 14 and older must obtain a work permit signed by their parent or guardian and approved by their school. Employers hiring minors must insist on verifiable proof of age. You may not use the fact that a minor misrepresented his or her age as a defense ...

Q. Every time we turn around, a certain employee is having his wages garnished. We’re sick and tired of the added paperwork and are ready to terminate his employment. Is this a valid reason? ...

The EEOC recently issued enforcement guidance declaring that disparate treatment of employees who care for children, parents or other family members violates federal law. “Disparate treatment” generally means an employer intentionally treated employees differently because of a protected factor such as race, gender, age or—in this case—their need to care for family members ...

Don’t fire an employee for cross-dressing or allow co-workers to harass a female worker who acts masculine until you understand your potential liability under the increasing number of “gender-identity discrimination” laws. Such laws typically prevent discrimination against workers or applicants because they don’t conform to the stereotypes of how a man or woman looks, lives or acts ...

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 ...

Q. We are reviewing two employees for a promotion, one is 55 and the other is 45. We are concerned that if we select the younger employee, we will be charged with age discrimination. Are we safer selecting the older employee, assuming both candidates are qualified for the job? ...

An employee who reports that his or her employer is violating state or federal law may be protected from discharge. The employee can sue for retaliatory discharge and also on the premise that firing him or her violates public policy ...

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 ...

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 ...

In North Carolina, it's not just sexual harassment lawsuits brought under federal law that you have to worry about. Your organization could face state tort law claims, such as “intentional infliction of emotional distress” or “negligent supervision” if an employee’s behavior is extreme enough and management doesn’t take steps to stop it ...

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 ...

Lake County will be forced to defend a lawsuit filed by several corrections officers who allege the county violated federal pay rules by requiring all corrections officers to report for work 15 minutes early for roll call ...

Employees seeking relief from on-the-job discrimination on the basis of their race, sex, age, national origin or religion can typically pursue their claims under federal law, Ohio law (Ohio Revised Code Section 4112.02) or both. In most cases, it doesn’t matter whether the employee sues under state or federal law—the court will apply the same cases and reasoning. The same is not true in pregnancy discrimination cases. That’s because the Ohio Civil Rights Commission interprets pregnancy discrimination quite differently than does its federal counterpart, the EEOC ...

More and more employers are conducting criminal background checks on prospective and current employees, and that means employers are asking tough questions about prior arrests and convictions in the application process. To avoid potential liability, your company needs to develop practices and procedures for managing the process. You need to understand applicable state and federal laws concerning background checks ...

Q. I own a four-star restaurant in a large metropolitan area. Unfortunately, customers sometimes skip out on their checks. Can I deduct from the waitress’s salary the money owed by a fleeing customer? ...

Unfortunately, your HR personnel files are a goldmine for identity thieves, filled with all kinds of juicy personal data. But a new court ruling shows that the rise in identity theft doesn’t excuse employees from disclosing their SSNs to employers ...

Is your HR department understaffed or overstaffed? Here's a formula to correctly calculate your organization HR-to-employee ratio. Plus, you'll learn the results of a SHRM study on average ratios by organization size, and read comments from your HR colleagues on what they think is the ideal HR-to-employee ratio ...

It’s a nightmare to keep paper copies of all our employees’ time sheets. I can scan them and save them in electronic format. Can I throw out the paper copies after I scan them in?

You may think the only types of discrimination you have to worry about are those specified in Title VII, other federal laws and the Elliott-Larsen Civil Rights Act. You would be wrong ...

An employee does not gain whistle-blower protection merely by threatening that he will go to the authorities ...

In a startling court order, a judge has required a company to tell its customers about a sexual-harassment verdict that cost it more than $2.3 million ...

No single federal law governs job applications. Your biggest risk is asking unnecessary questions that run afoul of federal or state laws banning job discrimination on the basis of sex, age, race, religion, national origin or disability. But, done right, your application can be a great tool to communicate important information ...

A recent federal appellate court ruling should give some comfort to employers in Texas and other states in the 5th Circuit ...

Can you fire someone for speaking to the press? According to one court’s reasoning, it’s possible ...

It’s been called the “Imus virus”—people across the country repeating the infamous last words of radio shock jock Don Imus, always with equally dismal results. In Brooklyn, three female police officers filed a federal lawsuit against the New York City Police Department after a sergeant rallied them during roll call with “Stand up, hos.” ...

Good news if you’ve ever wondered whether that arbitration clause you had your employees sign is valid. As long as certain conditions are met, employers can require employees to sign an arbitration agreement as a condition of employment ...

A grand jury in the U.S. District Court for the Eastern District of Texas indicted William I. “Willie” Brown, former president of the Plumbers and Pipefitters Local Union 237 in Texarkana, on multiple counts of embezzlement ...

The U.S. Labor Department (DOL) recently announced that Goodyear Tire & Rubber Co., following a 2006 judgment, has paid 211 employees $227,792 in back wages. The wage awards went to current and former technicians at its Houston and Bayport chemical plants ...

HR Law 101: Passage of the Fair Minimum Wage Act of 2007 marked the first boost to the federal minimum wage since 1997. In July 2007, the federal minimum wage increased from $5.15 to $5.85 per hour, with additional raises scheduled over the next two years: to $6.55 on July 24, 2008, and to $7.25 on July 24, 2009.

HR professionals: Get ready for an onslaught of litigation ...

Illegal immigrants working for Rosenbaum-Cunningham International (RCI), a janitorial contractor based in Palm Beach, FL, have filed a federal lawsuit seeking back wages for work they did in restaurants in Pittsburgh, Philadelphia and other cities ...

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 ...

Florida’s courts have expanded protection for HIV-positive employees under the Florida Civil Rights Act. At first glance, the law appears to be a state version of Title VII of the federal Civil Rights Act and the ADA all rolled into one. But state court interpretation of the act may grant Florida employees protections they don't have under federal law ...

Good news for employers: If an employee files an overtime claim with the Pennsylvania Department of Labor & Industry and the department settles the case and collects wages for the employee, the employee can't turn around and also sue under the FLSA ...

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?...

When Michigan-based Masco Corp. closed its Bath Unlimited plant in Passaic and laid off more than 115 employees, 86 of them filed workers’ compensation claims. Masco smelled a rat, and took an unusual step ...

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”  ...

Be careful what you refer to as an employee “uniform” in your employee handbook and policies. The wrong use of the word could be costly ...

New Hampshire last month voted to give same-sex couples the same legal rights as other couples, making New England the first region in which every state provides some sort of protection for the civil unions of same-sex partners ...

Q. Once a year, we have employees show a picture ID and provide a signature that allows them to authorize someone else to pick up their paycheck for them. If an employee doesn’t provide ID and a signature, we will mail the check or hold it until he or she personally picks it up. Is this legal? —J.I., Washington, D.C.

If you know an employee has filed a complaint with the EEOC or state anti-discrimination agency, don't trash any relevant records until you receive official notification that the case has been resolved and won't be appealed ...

Q. Can you tell me if there’s a law that says a 45-day waiting period must exist from the time employees are told they’ll be laid off until they receive the severance payment? Supposedly, this is called a cooling-off period. Is this a federal law? —T.M., Pennsylvania

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 ...

If your organization signs contracts for goods or services, it's important to educate yourself on a little-known federal law that can easily trip you up: the "Section 1981" law ...

There once was a time when considering an employee's request for disability leave was fairly straightforward. But no more. With passage of the ADA and FMLA, employers must now navigate a virtual maze of federal laws and regulations. And when an employee's disability stems from a work-related accident, workers' compensation issues must be taken into account ...

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.

If an employee claims she was sexually harassed but the evidence shows that she gave as good as she got, you have a good defense in hand. As a new ruling shows, employees' sexual statements can be used against them when they sue for sexual harassment ...

As your baby boomer employees watch their parents enter their 80s and 90s, more of them are taking time off to care for those aging parents. The problem: More than 60 percent of employers believe they've granted FMLA time off that was unfounded, according to a Society for Human Resource Management survey. That spells unwarranted absenteeism, which can disrupt work flow ...

Lawmakers in Massachusetts are debating legislation that would make it the second state (after Michigan) to prohibit job discrimination based on a person’s height or weight. Passage of the bill in Massachusetts could spark interest in such laws in other states.

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 ...

Want to scare your organization's supervisors into complying with your employment policies? Point out that, under New Jersey law, they can be sued personally for their discriminatory actions. That means one on-the-job misstep can cost managers their homes, savings accounts and other personal assets to satisfy a court judgment ...

New Jersey’s Law Against Discrimination (LAD) prohibits discrimination against employees because of their “race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, liability for services in the Armed Forces of the United States, disability or nationality” ...

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 ...

In August 2006, Gov. George Pataki signed New York’s new Military Spouse Leave Law, which allows spouses of deployed military reservists to take up to 10 days of unpaid leave from work each year ...

Same-sex unions are now a reality in New Jersey, and employers will have to change the way they deal with employees as a result. It’s too early to tell exactly what steps employers will need to take, but it’s important to understand what led to the decision and legislation ...

When employees sue your organization, you must turn over any related documents—including old e-mail messages and computer records—during the discovery phase. But be aware that recent changes to the Federal Rules of Civil Procedure place an even greater burden on you to come clean with what information you have ...

If your organization is sued, it must turn over related documents, including old e-mails or computer records. New changes to the Federal Rules of Civil Procedure that took effect Dec. 1 place more burdens on you to come clean with what you have ...

Twelve percent of all violent crimes committed in the United States occur in the workplace. And Florida employers face unique legal challenges in their response to such violence ...

Georgia has special child-labor laws that can trip you up if you’re not careful. With federal child-labor laws to consider as well, Georgia employers must navigate a tangled web of regulations when employing young workers ...

Geneva College in Beaver Falls recently filed a lawsuit against federal and state labor officials after it was asked to strike a Christianity requirement from help-wanted ads before posting them on Team Pennsylvania CareerLink ...

A federal judge has ruled that CBS was correct in requesting that an employee at its Pittsburgh KDKA-TV station return all the confidential information she gathered from her boss’s desk and computer ...

One part of the federal law that bans job discrimination (Title VII of the Civil Rights Act) makes it illegal to retaliate against employees who engage in “protected activity,” such as filing a discrimination complaint. But here’s a key point to remember: That protected activity must be related to discrimination claims under Title VII ...

Good news for New York employers: A new federal court decision says that you don’t have to comply with stricter anti-discrimination laws in an employee’s home state if the person works in New York ...

A learning-disabled man whom Glen Island Park fired filed a federal lawsuit and EEOC complaint against the Westchester County Parks Department alleging that his supervisors restrained him with shrink wrap and set it on fire ...

Attorneys looking to create extra trouble for employers have lost an important class-action ruling in Pennsylvania. Lawyers no longer will be able to file federal lawsuits and state lawsuits together in federal court ...

Asking prospective employees whether they’re married or have children is not illegal in Pennsylvania, but it’s a very bad idea ...

New wage and hour laws came in with the new year for Pennsylvania employers. Hidden in the new minimum-wage law fine print is a new set of rules governing everything from meal breaks to comp time ...

If you’re looking for incentives to get managers and supervisors to pay attention during FMLA training sessions, look no further. Simply point out that they can be held personally liable if they deny FMLA benefits to which an employee is entitled ...

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 ...

The Occupational Safety and Health Act is the main federal law requiring employers to provide a safe and healthy workplace. In recent years, OSHA has cranked up its enforcement, especially targeting employers that are repeat or “willful” violators ...

Before allowing employees to work from home or another remote location, consider the risk of making your organization liable under anti-discrimination laws in the state or city where that telecommuter lives ...

Shortly before leaving office, Gov. Pataki signed New York’s Mental Health Parity Law, which requires insurers to provide mental health benefits in all health insurance policies issued in the state ...

A New Jersey appellate court recently granted a new trial to a former Paine Webber employee who claimed the company fired her for filing a sexual harassment complaint. During trial, the employee claimed Paine Webber withheld or destroyed critical documents ...

The Pentagon last month eased its limits on the time reservists and National Guard troops can spend on active duty ...

Your organization may soon need to revamp some of its employee benefits in light of an important ruling Oct. 25 by the New Jersey Supreme Court. The ruling granted committed same-sex couples the same statutory rights and benefits as married heterosexual couples ...

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 ...

When employers assume substantial benefit-administration duties, they may be liable when the proper paperwork doesn’t get to where it should. Because federal law imposes a fiduciary obligation on benefit administrators, employers may be sued when they assume the administrator’s role ...

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 ...

HR Law 101: Thirteen states have legalized the use of medical marijuana: Alaska, California, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.Whether employers in those states must accommodate legal medical marijuana use depends on how courts interpret state law.

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: 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: Severance policies are generally considered employee benefit plans entitled to ERISA protection, many courts have ruled. For employers, that means conforming to ERISA’s recordkeeping and disclosure requirements ...

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: The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made changes to three areas of the continuing-coverage rules that apply to group health plans under COBRA ...

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: Workers' compensation insurance provides compensation to employees who are injured or disabled on the job. It pays for medical treatment, loss of wages during a period of disability and compensation for permanent disability or disfigurement ...

Q. I read in your publication that if an applicant isn't hired, we should retain the application for at least three years. I've heard elsewhere that applications should be kept for only one year beyond the date the position is filled. Have the rules changed? —S.C., Washington

Q. We may soon terminate an employee whose daughter also works here. We're uncomfortable with her daughter remaining as an employee. Can we legally terminate the daughter, as well? —R.M., Missouri

Q. One of our female employees says her ex-boyfriend is stalking her. She hasn't been able to get a restraining order against him. We're worried that he may show up and do her or other workers harm. Can we fire or suspend her? —B.L., Florida

Q. Doesn't federal law say employees must be paid within two weeks of completing their work, no matter the excuse (computer glitch, etc.)? —A.L., Virginia

Q. An ex-employee whom we fired is now asking to take some documents from his personnel file. Is he legally allowed to do this? Do we have to give him the information just because he's asking for it? —L.B., North Carolina

Q. Are there any legal restrictions on whether we can interview and hire a relative of one of our current employees? —J.D., North Carolina

Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation? —R.M., Illinois

Q. Can we set a dress code policy that bars visible tattoos and multiple piercing on our receptionist but not other workers who have less public contact? —D.O., Maryland

Q. I'm considering instituting a policy at my company that would permit me to record my employees' phone conversations. Can I record employee phone calls without their consent? —P.C., Michigan

Q. I run a small advertising office. A college student has asked to join our staff for the summer. She proposed to work every day for a couple months at no cost. It would be great to get some free help. Is there anything wrong with hiring her? —G.I., Maryland

Q. Is there a law or reasonable standard regarding how many weeks maternity leave should be? And should we make that a written policy in our employee handbook? Even with FMLA, to which our employees are entitled, we thought maternity leave was either six or eight weeks, depending on type of delivery. —J.F., Pennsylvania

Q. Is it true that under a recently passed law, our company no longer can request copies of picture I.D. and Social Security cards? —A.G., Texas

Q. Management wants to institute a policy that requires cashiers whose registers are short at night's end to replace the disputed amount out of their own pockets. Does this violate the law? —B.B., New York

Q. I work for a nonprofit agency, and we plan to start using an agency credit card. But we also need a policy that covers who can use the card and when, plus some other things I haven’t thought of yet. What should the policy include? —M.M., Pennsylvania

Q. What's the deal on paying workers for rest breaks? —J.S., California

Q. We require employees to wear uniforms. Can we deduct from their paychecks the money to pay for the uniform or clean it? —L.B., Massachusetts

Q. Can our company require an independent contractor to wear a specific uniform? And can we stipulate that the contractor buy the uniform through us? —A.C., California

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

Q. We had a full-time RN request time off to be with her husband who experienced a heart attack. We’re a small medical center with 25 employees. Administration was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had lots of sick time and vacation time in the bank. Can the company do that? —D.B., Pennsylvania

Q. A group of our employees met during their break to have group prayer. A supervisor complained to our president, who instructed that we should notify employees that they can't pray on break time. Nor can they pray during lunch unless they leave the building. Some employees are upset. Is this policy legal? —M.S., California

Q. Is it mandatory for a nonexempt employee to take at least a 20-minute meal break after working a certain number of hours? —M.M., Illinois

Q. Can our company freely change its paid-holiday policy? Are we bound by certain federal or state laws on holiday pay, for instance? —D.C., Oklahoma

Q. We're being sued for discrimination. What circumstances would open us for punitive damages? —L.C., Massachusetts

Q. We plan on hiring a college intern this year. Do we have to pay that person? —L.M., New York

Q. In recent months, a sharp decline in revenue has forced us to consider downsizing. What are the legal risks associated with a layoff and how can we minimize them? —L.C., Hawaii

Q. Are all employers required to have affirmative action plans? —T.S., Maryland

Here's another point to get the attention of your managers and supervisors when they complain about yet another discrimination training session. If they don't pay attention, it's not just the company that may suffer. They could be sued personally, too ...

If you're a Texas employer that agrees to settle an on-the-job injury case out of court, be prepared to follow through. If you don't, you just may find your organization in a less favorable Texas court defending itself against breach-of-contract claims. And that can mean a big, fat award from an angry Texas jury ...

For Texas employers, the long-range forecast shows an unstable union atmosphere over the next several years, with pressure building from health care costs, outsourcing and immigration reform. As the united front of the AFL-CIO and the new Change to Win union blow through the state, damage may be significant ...

Nothing will sink a legal defense faster than inconsistent explanations from management about the real reasons for employment decisions. Before anyone makes any statements about a decision, review the facts and make sure everyone is on the same page ...

Heartland Automotive Services agreed to settle a class-action lawsuit brought by 239 Jiffy Lube managers. They alleged the company denied them overtime, violating the federal Fair Labor Standards Act (FLSA) and state overtime laws ...

Federal law says you must grant employees "reasonable accommodations" for their religious beliefs and practices. But that doesn't mean that any employees who are told they must work on their Sabbath have an automatic lawsuit ...

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's supervisors tend to ignore all that "HR talk" about FMLA leave, here's one way to get their attention: Point out that, in addition to suing your organization, employees can sue their bosses (and HR directors!) personally for FMLA-related mistakes ...

The EEOC and Jameson Memorial Hospital settled a federal lawsuit that was originally filed last February. The New Castle hospital will pay $50,000 to an African-American radiology technician who claimed the hospital denied him training opportunities because of his race ...

Pennsylvania employers can expect to see more applicants at their doorsteps starting this month. The level of welfare recipients isn't falling fast enough for the federal government, so the state must find jobs for thousands ...

A Pennsylvania jury last month awarded a group of present and former Wal-Mart employees $78 million in damages because the mega-retailer forced the employees to work without pay ...

Wal-Mart won a major victory this summer in the continuing battle against state lawmakers who want to impose benefit mandates on U.S. employers. Only time will tell whether that victory discourages other state legislatures from pursuing similar actions ...

The federal job anti-discrimination law (Title VII of the Civil Rights Act) prohibits two types of discrimination: disparate treatment and disparate impact. Because automated tests, such as résumé-screening programs, are blind to applicants' race, religion, gender and national origin, they likely can't create a disparate-treatment case. However, such programs can still have a disparate impact on minorities ...

While Title VII makes it illegal to discriminate on the basis of race, gender, religion, age or disability, no federal law explicitly says that you can't fire someone just because the person is gay ...

If Rep. Carolyn Maloney (D-N.Y.) has her way, employers would have to comply with yet another federal employment entitlement: the right to breast-feed or express milk for infant feeding. Her bill would make it illegal to discriminate against breast-feeding moms and would give tax incentives for companies to establish sanitary places for employees to breast-feed ...

When the U.S. Supreme Court opens its new term on Oct. 2, look for a clear theme to the employment-related cases it has chosen to address: the Civil Rights Act of 1964 ...

What can you say in the space of two hours to constitute a “severe and pervasive” hostile work environment that would be enough to justify a lawsuit? ...

Courts view interns the same as employees: as “agents” of your organization. So should you. If you use interns or plan to, advise supervisors to manage them as closely as employees, if not more so. And apply your workplace policies to them ...

The numbers are daunting: Diabetes affects about one in 14 Americans and it’s the fifth leading cause of death in the country. Almost 80 percent more diabetics are in the U.S. work force now than just a decade ago, and experts predict those numbers will rise. For employers, the twin epidemics of diabetes and obesity are eating into profits and creating legal land mines ...

Largo is struggling to live up to its “City of Progress” moniker after the city commission voted in February to fire City Manager Steve Stanton for planning a sex-change operation ...

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 ...

Georgia’s constitution prohibits contracts that have the effect of defeating or lessening competition. Anti-competition is considered anti-public policy in Georgia, so employers should craft their noncompete agreements with care ...

If your employees receive tips, be aware that only certain types of employees can participate in tip-pooling programs ...

A former waiter at restaurant Jean Georges, located in the Trump Towers, has filed a federal lawsuit claiming the chef de cuisine and other employees harassed him after learning he was gay ...

It pays to keep some records longer than you think you’ll need them. For example, any notes, correspondence, medical certifications and other documents related to an employee’s FMLA leave request should be kept a minimum of three years ...

Employers are always looking for ways to cut health care costs … and smoking and overweight employees may seem like ripe targets for change ...

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 Fair Labor Standards Act requires employers to keep records on wages, hours and other employee data, most of which is generally maintained in ordinary business practice. You do not need to keep the records in any particular form or use time clocks ...

HR Law 101: As AIDS continues to affect all segments of the population, the workplace is feeling the consequences. Employers are now compelled to confront issues related to AIDS, such as employees’ fear of the disease, company policy decisions and benefit programs ...

HR Law 101: The FMLA's recordkeeping requirements are less onerous than those of some other federal laws. But you must handle FMLA medical records with the same level of confidentiality as required under the ADA ...

Question: I work in an office of about 25 people. I am in charge of HR responsibilities and other duties. A question came to me regarding paid time for people to smoke. Right now, we have 4 or 5 smokers in our office and they have normally taken two smoking breaks during the course of the day. Each break is for 15 minutes. While our policy manual does not specifically state that employees are allowed to smoke, it refers to brief coffee breaks. Are we required to pay our employees while they are outside smoking? I am afraid our non-smoking employees will say they are being discriminated against because they work a full 8 hours and the smokers are only working 7.5. Can we change this situation in the middle of the year or do we have to revise our policy manual and wait until the beginning of a new year? Can anyone give me some suggestions on how they handle this in their office or how their policies read regarding smoking?  -- Anonymous

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 ...

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

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 ...

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 ...

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 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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Here's a primer on what sexual harassment is and how to react when you see it.

Question: I work for a company that is owned by a very religious person. He has decided to start a "chaplain's program," which consists of a minister coming into the office once a week to talk individually with each employee.

Although we have been told that we do not have to participate, that is very hard to do when the chaplain comes into your office asking "How is your family? Do you have any problems you want to discuss with me?"

I find this to be extremely invasive and do not know how to handle the situation. Can anyone give me any ideas?  -- Anonymous

Notify staff if you're tracking them via GPS.

Cross-dressing at work isn't protected by law.

Silence pay-related complaints with wise words.

If your company hasn't offered severance pay before, now's a good time to add it to your benefits lineup.

Sometime between now and April 15, you'll probably sit down with your tax adviser to pour over receipts, write-offs and changes to your personal tax situation. You can save on your tax bill—and your tax-preparation fees—by avoiding these common errors

Last year, the federal Health Insurance Portability and Accountability Act (HIPAA) required companies that sponsor large health care plans (more than $5 million in premiums or claims) to start complying with new privacy rules.

This year, it's your turn. Starting April 14, smaller businesses that fall below the $5 million threshold must comply.

President Bush signed the federal government's first law fighting junk e-mail, but don't expect a spam-free e-mail in-box.

Break times and meal times for hourly employees should be used for those purposes, not for work. And you should put that policy in writing.

With the presidential primary season approaching, employees will cast their votes, possibly during work hours.

Paying employees via direct deposit saves time and money. But can you mandate that all employees must receive their wages through direct deposit? The answer is "No," according to the U.S. Labor Department.

A new, well-publicized study could raise skepticism (and potentially legal complaints) by shorter people about your pay practices.

If you plan to pack up and move after retirement, you'll probably weigh various factors when eyeing a landing spot, including climate, crime rate and recreational opportunities.

But here's another to put on the list: the state's tax structure.

When employees return from military-related absences, you must re-employ them to their old jobs or ones with similar status, seniority, pay and benefits. That's federal law since 1994, but apparently, some companies don't know about it.