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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Generally, only indigent defendants are entitled to a free lawyer to defend against serious criminal charges that may result in jail time. The practical result is that employers really don’t have to worry too much about wholly frivolous claims, since few attorneys will take such cases on a contingent fee basis. Recently, however, there has been a growing trend among judges to appoint free attorneys in employment cases.

On April 1, Holy Spirit Hospital in Camp Hill began refusing to hire anyone who tests positive for nicotine use.
With technological advances, just about every job involves using computers or computerized machinery. That doesn’t mean an employee whose job it is to repair such equipment is an exempt computer professional. Fixing things like printers and copiers—even the most technologically advanced ones—is hourly work, making the employee eligible for overtime.
More than three-fourths of employers talk up their health benefits when trying to recruit highly skilled job applicants. Fewer tout the value of other benefits.
Q. Before we could counsel an employee about ongoing attendance problems, she was approved for intermittent FMLA to care for her mother. However, she continues to have attendance problems unrelated to her FMLA leave. Can we proceed with counseling and possible disciplinary actions while she is under FMLA?
The U.S. Department of Labor has released a proposed rule designed to protect 401(k) and IRA investors by cracking down on conflicts of interest in the retirement plan marketplace. The proposed rule would update and close loopholes in the nearly 40-year-old Employee Retirement Income Security Act, which governs employer-sponsored retirement plans.
Most OSHA accident investigations involve fairly mundane workplaces, such as construction sites, factories and farms. But last spring, OSHA investigators were called to look into safety issues in one of the world’s most unusual work environments—the circus.
Good news if an employee isn’t satisfied with whatever you did to try to address a problem she raised: She can’t just quit in frustration and expect to win a lawsuit against you.

It’s not always possible to accommodate an employee’s disability. Employers do have to consider possible accommodations that allow a disabled employee to retain his job. However, it is unreasonable to expect the employer to entirely eliminate an essential job function.

If you happen to fire an older worker but retain younger ones, you should expect a potential age discrimination lawsuit. If you’re prepared, you stand a dramatically better chance of winning.