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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Do you have an employee who grates on everyone’s nerves and makes unreasonable demands on subordinates? Are you afraid to discipline the employee because he or she belongs to a protected class (e.g., race, age, sex)? Fear no more! As long as you use a fair process to correct the employee’s shortcomings, chances are he or she won’t win a lawsuit ...

Douglas Smith, local manager for Liberty Transportation in Perrysburg Township, foresaw trouble as he prepared to fire truck driver Calvin Findlay. Liberty, based in New Alexandria, PA, sent Thomas Lazar, an employee who was also a retired Pennsylvania state trooper, to help Smith, who worked alone ...

When it comes to sexual harassment under Ohio’s sex discrimination laws, a few days is all it takes to create a hostile work environment. Even if the harasser stops—instead turning critical and cold—the harassed employee may quit shortly after. Courts then will view the resignation as the effective equivalent of being fired in retaliation ...

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.

One of the quickest ways to turn an annoying—but perhaps unfounded—discrimination complaint into a winning lawsuit is to react inappropriately. That’s why it’s critically important for HR professionals to remind managers and supervisors: Don’t comment on pending complaints! Plus, remind them that venting in front of employees can backfire ...

Q. We recently terminated an employee and subsequently learned that he damaged company equipment through his own negligence. My boss wants to deduct the cost to repair the damage from his final paycheck. Is this legal? ...

If you think you can prevent employees from suing you directly by negotiating a union contract specifying that all employment disputes go to arbitration, think again. Even if the collective-bargaining agreement specifies that every employment-law dispute will be arbitrated, your employees still can go to state or federal court with their claims ...

There’s a new concern for managers and supervisors in New York state. Those who give out bad references or otherwise bad-mouth a former employee who claimed discrimination can be held personally liable for a conspiracy to retaliate ...

New York state law provides personal liability for workplace discrimination. Employees who aid and abet their employers in discriminatory acts may be sued personally and can lose their assets. But exactly what acts constitute “aiding and abetting”? ...

That’s what a dozen female Novartis employees, recently granted class-action certification in Manhattan federal court, will try to prove in their gender discrimination suit against the Maalox maker ...

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