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. An employee filed a sexual harassment claim with the Ohio Civil Rights Commission against my company. The commission investigated the charge and found it to be without merit. She still works for us and is continually threatening to file a retaliation claim. Can she? ...

Regulations governing the general framework of cafeteria plans were proposed in 1984 but never finalized. In the ensuing 23 years, the IRS has issued numerous guidance documents on topics ranging from changing elections due to changes in status, to reimbursing expenses via debit cards. Rather than maintain this piecemeal approach, the IRS has opted to repropose comprehensive regulations. The regs encompass all previous guidance and include new rules, too, especially regarding health savings accounts (HSAs). Biggest improvement: The regs more clearly state the requirements cafeteria plans must meet, how plans can fail, and the tax consequences to employees when plans do fail. The regs are proposed to be effective with plan years beginning after January 1, 2009, but you may rely on them before that date.

Employers that want to limit the use of languages other than English in the workplace take note: Your language restrictions must be reasonable and based on genuine business needs. A simple company preference for English isn’t good enough ...

CA Inc., a software company in Islandia, has filed a $200 million lawsuit against rival Rocket Software of Newton, MA, alleging Rocket stole computer source codes and other trade secrets from CA and used the information to develop almost identical products ...

When it comes to discrimination, your best defense is treating everyone absolutely equally. And that’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate the types of problems and any discipline levied ...

Five Long Island eateries will pay $966,000 in back wages to busboys, counter personnel, dishwashers and cooks to settle a U.S. Labor Department lawsuit. The wages cover two years in which the employees, mostly Hispanic immigrants, worked up to 60 hours per week without overtime compensation ...

Does your organization make important hiring and firing decisions by committee? That’s one way to counter possible bias by one individual. But be prepared to document how the group made the decision ...

A woman from Queens is suing her boss and their employer for $2.5 million, claiming she began suffering panic attacks after the boss handed her 15 photos of himself stark naked ...

The federal Older Workers Benefit Protection Act (OWBPA) requires employers to give older workers at least 21 days to consider the offer if any termination or severance-pay agreement asks them to give up their right to sue for age discrimination. But fortunately, once the case is in court, there’s no waiting period ...

On-Call pay

by on September 5, 2007 12:00am
in Human Resources

Q. Some of our programming staff members, who are classified as nonexempt, must be “on-call” nights and weekends. That means that if we call them on their cell phones or beepers, we expect them to come to work. Is the time spent “on call”—waiting for a potential call—compensable time? ...

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