Employment Law

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Q. One of our employees went on disability after a motorcycle accident. We terminated him at his request, as he wanted to cash out his 401(k). His doctor recently released him from disability, and he's seeking re-employment for a different position. Our owner is concerned that if he doesn't offer the ex-employee a job, we may face legal retribution. And he's concerned that if we do bring him back, we'll end up with a workers' comp claim from a slip/fall injury. Do we have any obligation to rehire this employee? —B.O., Pennsylvania

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 ...

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

HR Law 101: The EEOC has become proactive in protecting workers from a sexually hostile environment. In 2007 alone, the agency recovered from employers nearly $50 million for victims of harassment ...

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: Employers can significantly reduce the cost of their workers’ compensation premiums by following a program of accident prevention, better claims management and prevention of fraud and abuse ...

HR Law 101: When a new hire comes on board, you must determine whether to classify him or her as exempt or nonexempt under the FLSA. The key consideration: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep ...

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 ...