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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In employment law, the adage that two wrongs don’t make a right is true. Don’t make the mistake an em­­ployer recently made when a super­­visor apparently favored members of his religion in hiring. It terminated them without providing a legitimate, performance-related reason.
Heads up: Your odds of getting hit with an audit of your I-9 forms took another jump last year.

Employees who take protected FMLA leave are only entitled to return to their jobs after leave if they are cleared to perform that job. Employers that want a specific fitness-for-duty certification must ask for more than just the certification. They also have to provide the employee with a list of the job’s essential functions for the doctor to use when assessing fitness for duty.

Custom Built Personal Training in Modesto, Ca. will have to whip its pregnancy-leave policy into shape after the EEOC threw its weight behind a fired employee’s lawsuit.
Employers occasionally become dejected over the prospects of defending against tort and other civil claims in state courts. However, a recent case out of Houston reaffirms that employers can and do win these kinds of cases—if they have implemented the appropriate policies.
A federal judge has ruled that Radio Shack owes overtime to its salaried employees even though the overtime calculation method the company uses is legal under federal law. Radio Shack uses the fluctuating workweek method to figure overtime when worker hours vary week to week.
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz.

Employers sometimes think it’s too dangerous to fire a worker who has recently returned from FMLA leave. But don’t let fear of a lawsuit keep you from making a reasonable and necessary business decision. Just make sure the employee’s use of FMLA leave didn’t motivate the discharge.

A survey asked: “In which of the following areas has your organization seen the most employee lawsuits or class action over the past year?”

USERRA provides job protection for military-connected employees once they re­­turn from extended military service. Employers shouldn’t fire covered workers without good cause and solid reasons. Be prepared to show you would have taken the same action whether the employee served or not.

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