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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Under what’s called the Cat’s Paw Theory, employers can’t defend themselves against employment discrimination claims by saying they didn’t know a supervisor was biased.
Normally, it’s risky to fire someone who has just taken FMLA leave. However, you can terminate such an employee—if you can show that changes were underway before FMLA leave began.
If it stands, a recent federal court decision could provide some clarity for Minnesota employers.
Public comments closed last month on a proposed DOL rule to redefine the conflict-of-interest standard retirement plan fiduciaries must meet. It’s part of an Obama administration effort to require defined-contribution retirement-plan advisors to act in account holders’ best interests, not just provide “suitable” advice, as the law currently requires.
Except in the case of leave to care for a covered service member with a serious injury or illness, U.S. Department of Labor regulations say an eligible employee’s FMLA leave entitlement is limited to a total of 12 workweeks of leave during any 12-month period for any one, or more, of the following reasons.
Achiote Restaurant in San Ysidro, Ca., faces an EEOC lawsuit after young Mexican men working at the restaurant complained of sexual harassment and retaliation by a male manager.
Ever encounter a team member wearing three layers of clothing when everyone else is comfortable, resting her head on the desk any chance she gets and toting a box of Kleenex everywhere she goes? While your initial thoughts might be that you wouldn’t have shown up in that condition and that you’d rather she had taken the day off, examine whether these statements are actually true.
Employers can require a fitness-to-return-to-work exam when employees have been out on FMLA leave for their own serious health condition. If the worker’s doctor clears the employee—even with minor restrictions—you should allow him to return while you get necessary medical clarification.
Q: “We are reviewing our job descriptions. If a title is changed from Assistant HR Director to HR Tech but there is no change in pay, might it be considered a demotion?” – Patricia, Florida
Disabled employees who want reasonable accommodations don’t have to specifically use those words.