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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Does your organization offer a bonus plan that rewards workers for their productivity? If so, be sure to avoid a surprisingly common mistake that’s tripped up many Indiana employers: incorrectly structuring the bonus plan—or making deductions from bonuses—in a way that violates the FMLA. A new Indiana court ruling shows how an organization can legally pro-rate an employee’s bonus ...

Not everyone who has a diagnosed psychiatric condition is disabled and entitled to protection under the ADA. Before you authorize reasonable accommodations or allow a psychiatric condition to become an excuse for poor performance, decide whether the condition rises to the level of a covered disability ...

With an increasing number of employees just saying “yes” to drugs these days, you can expect more Indiana companies to develop random drug-testing programs and establish rules that allow them to fire workers who test positive or don’t cooperate with the test. One note of caution: Make sure you can demonstrate that your drug test results are accurate and reliable ...

The selection process is over, and the newly promoted employee has begun work. Now is not the time for those involved in the hiring process to pontificate on racial balance in the workplace. That’s especially true if the applicants were all qualified for the position and a member of a majority class was selected over minority candidates ...

You’ve heard a rumor that one of your employees is looking for or has already accepted another job. Then you call him into a meeting to discuss the matter. You ask whether the rumor is true. That’s when the employee admits the job hunt, but hits you with the reason: He claims the work environment is so hostile that he has no choice but to look. What’s your next step? Do you fire him since he’s looking for other work? Or do you tell him you will investigate his claims and then follow up? ...

Q. When one of our employees was fired, he demanded his paycheck on that same day. Are we required to deliver final paychecks to employees the day they quit or are terminated? —D.G. ...

If an employee says he or she is being sexually harassed, it’s management’s job to take the complaint seriously. Those who don’t may have to pay dearly—because a jury may order that the victim receive punitive damages, too. The quickest way to earn those punitive damages is to make light of complaints. As the following case shows, that can mean an extra payment of three times the actual damages—or even more ...

Make sure all supervisors who have direct contact with job applicants understand this simple rule: No new employee performs any work until HR approves the hiring and provides a start date. Otherwise the applicant’s time spent “working” may become the basis for a Fair Labor Standards Act (FLSA) claim. Then, it will be your word against the applicant’s as to how many hours he or she actually worked ...

Having trouble finding the best way to explain to employees that it’s in their best interest to maintain a harassment-free environment? Try this persuasive sentence: Co-workers who participate in discriminatory conduct can be held personally liable for damages. Or explain it this way: If co-workers name-call, harass or otherwise discriminate against another co-worker, their assets—house, car and personal possessions—are on the line ...

Too often, employees who suffer a minor accident at work milk that injury for extended workers’ compensation benefits. That’s why it’s important to diligently pursue suspected false claims with your insurance carrier. That may involve alerting it to your suspicions and reviewing the employee’s medical records to see if what he or she is complaining about is really a preexisting condition and not the result of a more recent injury ...

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