Human Resources

From employment law to compensation and benefits, FMLA and hiring and firing and more, Business Management Daily provides comprehensive Human Resources updates.

Discover how your colleagues – and competitors – are dealing with discrimination and harassment, employment law, benefits programs, and more.

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The EEOC last month published Living with HIV Infection, which explains how employees and applicants are protected from bias and harassment due to their HIV status.
Under federal law and New York state law, merely rejecting a supervisor’s sexual advances without reporting the conduct to HR probably isn’t protected activity. However, that’s not the case under the New York City Human Rights Law.
Q: “I've discovered that at our publishing company of 75 people, each employee has a single personnel file into which all documents go—everything from their new-hire paperwork to performance reviews to doctor’s notes. How must we separate this information going forward to keep legally compliant? We’re supposed to split off certain medical information so that each employee will have different sorts of files, correct?” – Theo, Maryland
Many employers now track attendance using biometric scanners that require an employee to clock in and out by scanning a fingerprint or a palmprint. New York employers should note a statute that limits the collection of biometric data.
Employers are working hard to rein in prescription drug spending, according to new research by Towers Watson.
The Texas Supreme Court has vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer.

The Pennsylvania Supreme Court has clarified rules for noncompete agreements entered into after an employee has been hired. It has concluded for the first time that the employer must offer the employee (and the employee must accept) something of value beyond just a mutual promise to make the agreement binding. This has practical consequences for employers adopting or modifying employment agreements.

Watch out for a growing litigation danger known as association discrimination. More courts are allowing ADA lawsuits to move forward based on suspicion that an employee who has a disabled family member was punished because he might miss work in the future.
Employers are supposed to let employees who need FMLA leave know about their eligibility and what’s involved in taking leave. But what if you offer a leave plan that goes above and beyond what the FMLA requires? Courts won’t hold that against you—even if you flub the FMLA’s notice requirements.
Albert Forlizzi II has fallen a long way. Now unemployed, the former supervisor at the State Department of Revenue and former mayor of Pen­­brook has been sentenced to four years probation after pleading no contest to charges of indecent assault and official oppression.