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 experienced employee who is not working at an acceptable pace. We need to address his speed, but we’re concerned he may have medical issues. Can we ask him about his health? — Anonymous, Illinois

Employers that take their time to discipline troublesome employees who refuse to follow the rules often make out well if that employee later sues. That’s because they will have clear and unambiguous evidence that the employee deserved the discipline—not because he was a troublemaker, but because he couldn’t follow the rules others did.

Employers that praise employees for a job well done and provide pay increases along with promotions rarely lose so-called constructive discharge lawsuits. That’s because an employee who has been praised and rewarded will have a tough time claiming her working conditions were so onerous that she had to quit.
Two former servers at Red Robin Res­­­­taurants in Wilkes-Barre and Dick­­son City, Pennsylvania, can proceed with their Fair Labor Standards Act class action against franchisee, Lehigh Valley Res­­tau­­rant Group, Inc. The suit alleges Lehigh’s tip pooling scheme violates the FLSA because it includes workers who only have a de minimus interaction with customers.

No doubt you have been warned many times that the best way to avoid discrimination lawsuits involving discipline is to treat everyone alike. The assumption is that by always being fair and punishing the same behavior, rule violation or poor performance the same, no one can argue that they were demoted, suspended or fired because of their protected status. But there is a situation in which you can—and probably should—treat some employees more strictly as a class.

A federal appeals court on June 20 dismissed Abercrombie & Fitch’s appeal of an EEOC religious discrimination lawsuit that the Supreme Court addressed in June.
Average health savings account balances increased from $1,408 to $1,933—up about 37%—in 2014, according to the Employee Benefit Research Institute.
Over the last several years, legislatures around the United States have worked to increase protections for pregnant workers, and the EEOC has identified the treatment of pregnant women in the workplace as one of its top priorities.
Nobody likes a serial litigator, but don’t fall into the trap of punishing an employee for repeatedly filing lawsuits.
Generally, employees can’t sue their employers because of a personality conflict with a supervisor. Nor can they allege that it’s a form of retaliation for a disliked supervisor to show up in court in order to “torment” the employee.
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