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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For a time, it seemed as if employers were losing every class-action lawsuit filed by hungry lawyers on behalf of one or two named employees. It almost became a legal cottage industry. But now courts are losing patience with some of these lawsuits—especially when the attorneys get sloppy.

It’s never pleasant to see a long-term employee’s performance decline. But if you intend to discipline a worker who previously was a good or even great performer, be sure to track the decline carefully. You don’t want an age discrimination claim to catch you unaware.

Just before she went on her honeymoon, a program director at Manhattan’s Shearith Israel, the oldest Jewish congregation in the country, confided to a co-worker that she was 19 weeks pregnant. The synagogue fired here upon her return.

Remember: The title that you decide to give an employee has no impact on whether or not she should properly be classified as exempt from overtime pay. What matters are her duties. If they are routine and menial in nature, she’s not exempt, even if she holds a lofty title in the organization.

Government employees have limited First Amendment rights at work to voice concerns of “public importance.” But the right doesn’t extend to causing confrontations outside of work when the speech has nothing to do with public issues.
Q: “An employee requests permission to arrive 5-10 minutes late for work each morning because her spouse suffers from multiple sclerosis, and is so fatigued that he cannot get out of bed on his own in the morning to take his medicine. Is the employee considered eligible for intermittent FMLA? Is an employee asking to leave work on occasion to pick up her father, who suffers from dementia and sometimes wanders off, eligible for intermittent FMLA?” – April, Tennessee
Austin, Tx.-based e-MDs, which develops software for managing medical practices, faces charges it terminated an employee because she took maternity leave.
While some disabilities may make it more difficult for workers to control their temper or otherwise respond to nonverbal cues, that doesn’t mean those workers are excused from complying with behavioral rules. You can and should punish anyone who makes workplace threats regardless of disability status.
Are you really sure you want to press that button just yet? Run a few things through your mind before picking up the phone ... or making the long hard walk down the hallway.
Here’s a simple tip that can save your organization time and legal troubles in the long run: Train all your managers and supervisors to tell employees asking for disability accommodations to take up the matter with the HR department. Don’t let managers go it alone with their own accommodation efforts.