Employment Law

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OSHA Penalties

by on February 18, 2007 12:00am
in Employment Law,Human Resources

HR Law 101: Employers should be aware that OSHA violations carry civil and, in some cases, criminal penalties. The penalties vary and depend on the type of violation, its frequency and its severity ...

AIDS Programs

by on February 17, 2007 12:00am
in Employment Law,Human Resources

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: When an eligible employee returns from FMLA leave, the employer must restore him or her to the same position or an equivalent one with equivalent benefits, pay and other terms and conditions of employment. The new position must involve the same or substantially similar duties, responsibilities and authority ...

HR Law 101: The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances. For example, if you have experienced a reduction in force due to the economy or a companywide reorganization, you may be able to eliminate a returning worker's job ...

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 ...

HR Law 101: Even though job descriptions are absolutely essential, too few employers use them effectively, and some even view them as a nuisance. Every employer should maintain a file of up-to-date job descriptions for all the positions in the organization ...

HR Law 101: Make sure your job advertisements are based on accurate, up-to-date job descriptions and comply with anti-discrimination laws. Don’t use phrases like “perfect for college students” or “ideal for working mothers” …

Perhaps the last thing you want to think about is hiring an attorney. But someday you will probably have to work with attorneys on contracts or even — perish the thought — lawsuits aimed at your organization. The good news is you can take some steps to contain the cost of using outside lawyers. Here are the 10 best ways to trim your legal expenses.

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