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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A Dec. 19 statement from the NLRB’s Office of the General Counsel said it found merit in 78 unfair labor practices charges filed against various McDonald’s franchise holders and McDonald’s USA. That means McDonald’s USA could be found liable for any illegal employment practices committed by its franchisees.

Employees who are not qualified for their jobs can’t claim ADA protection based on disability. And when a disabled employee has a position that’s covered by Depart­­ment of Transportation federal drug testing requirements and refuses a drug test, he’s automatically unqualified because DOT regulations require his sus­­pension.
Starting Jan. 1, employees of the company that makes Camel and Pall Mall cigarettes will not be allowed to smoke at work.
An employee who quits because he thinks he may be fired isn’t usually eligible for unemployment benefits. If there was still work available, quitting would have been unreasonable.
Among the victims of the Great Recession of 2008-2009 were the retirement expectations of many Americans. New research from the nonpartisan Employee Benefit Research Institute has quantified just how much those hopes suffered.
Employers that give a way for em­­ployees to complain about harassment or discrimination have already won half the battle. That will help prevent many lawsuits in cases where the harasser is a co-worker and the employee never gave the employer a chance to stop the harassment.
Having even a basic plan in place will help if and when the unthinkable strikes.

The California Court of Appeal has yet again ruled against employers in an arbitration rights case. This time, the issue was whether employers can use arbitration agreements to limit so-called class- or collective-action claims. The apparent answer is “no.”

Courts don’t allow employees to use constructive discharge as an excuse to quit unless they can off substantial reasons why they felt they had no choice but to resign.
Good news for employers that use arbitration agreements: Cali­­for­­nia will send such cases to arbitration even if they start as collective actions—if the arbitration agreement is clear, separate from other handbook provisions and not unconscionable.
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