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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Q. We have an employee whom we fired on a Monday and we paid him his final check on the next regular payday (the following Friday). He said we legally had to issue his final check within 48 hours of the firing. Is that true?—M.D. ...

Sometimes, employees who have complained about real or imagined discrimination look for evidence that they’re being punished for complaining. Then, when something happens at work that may be completely unrelated to the complaint (e.g., a missed raise because of budget constraints or job cuts due to business cycles), they cry retaliation. Your best protection is to keep detailed records of all pay increases and merit payments ...

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 ...

When an employee claims discrimination, HR should make sure that employee isn’t retaliated against. But retaliation is more than lost promotions, discharge or demotions. Retaliation can be any employer-initiated action that would deter a reasonable person from complaining. That’s why it’s crucial for HR to let supervisors and managers know they shouldn’t change anything about the employee’s working conditions without HR approval ...

Mid-State Motors of Fort Wayne will pay $1.1 million to a former sales manager for retaliating against him after he filed an EEOC complaint. The sales manager, Trent Chapin, was replaced by a Pakistani Muslim employee shortly after a new Pakistani general manager took over the dealership ...

Do you routinely keep unfilled positions open and posted? If so, consider removing them until your organization plans to actively recruit to fill them. Otherwise, an employee who is disgruntled for not having been promoted may see the posting and try to argue that he or she is being retaliated against for prior complaints ...

OSHA inspectors slapped steel contractor National Store Fixtures Division of United Fixtures in South Bend with a $79,500 fine for failing to protect workers at a construction site last year. Following a tip, OSHA conducted a site inspection and found employees working more than 15 feet off the ground without fall protection while installing steel walls ...

Good news: The Texas Supreme Court has refused to create new liability for organizations that do work through independent contractors. The case points out how important it is to make sure independent contractors stay that way ...

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