Human Resources — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 1658
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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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Title VII of the Civil Rights Act (the legal basis of many discrimination lawsuits) applies to anyone over whom an employer exercises control—that is, dictating the “manner and means” by which the individual performs the job. That means the law may cover even an otherwise independent contractor ...
Sometimes, despite uncertainty about whether or not discrimination has occurred, you still may have to fire an employee. But what if you turn out to be wrong? Will that mean a huge punitive damages award? Not if you can show that before the decision was made, you consulted an attorney. That’s right: Calling in the lawyers is the best insurance—if you do it right ...
Not every mental or physical condition is a disability under the ADA. Consider claustrophobia. Though the condition, which involves the inability to remain in a confined space such as an elevator, may be a legitimate psychiatric condition, it does not necessarily prevent those who suffer from it from living a relatively normal life ...
You probably have had people who claim they are disabled apply for open positions with your organization. How you handle each application can have a great impact: If you handle them incorrectly, you’re asking for a lawsuit. That’s why it’s crucial for HR to monitor what happens to each employment application ...
It’s hard to prove discrimination, but much easier to prove retaliation. That’s a lesson more and more employers are learning the hard way. The fact is, anything negative you do to an employee who has complained about alleged discrimination may amount to retaliation ...

You don't ever want to find your hands tied when you want to fire an employee. Employment at-will generally means that you are free to fire an employee at any time, for any reason or no reason at all; the employee is free to quit at any time. Often, employers find their hands bound by their own words — their handbooks and policy manuals call for just-cause terminations. Check that your handbook is free of these at-will-altering mistakes.

Employers can assert an affirmative defense against sexual harassment by creating a reasonable system for individuals to report the conduct and by proving that the victim failed to use the system. When assessing the reasonableness of your organization’s complaint system, it doesn’t matter so much that it makes sense to you — it needs to make sense to your employee population. One population that you need to be especially mindful of is minors. For many, this is their first paying job. A recent ruling highlights the dangers of assuming your company’s sexual harassment policy is adequate.

Q. Our handbook has a bold and conspicuous disclaimer stating that everyone is an at-will employee and that nothing in the handbook alters the at-will relationship. Is that sufficient to protect the company from claims based on the handbook? ...
Q. Our staff includes employees who do repair work and are paid by the job. We offer a 90-day guarantee to our customers. If a customer has to have a repair redone, can we deduct from the employee’s subsequent wages the money we paid for the faulty first repair? ...
Q. I just received a notice from the state of Colorado seeking information about an employee who just left our company. The state is trying to determine whether she is eligible for unemployment benefits. If she is awarded unemployment benefits, will the company be charged for that amount? ...
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