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 frequently have employees turn in time sheets with unapproved overtime—time they spend checking emails and voice mails. Do we have to pay em­­­­ployees for this time even though we have a workplace policy that prohibits unapproved overtime work?
If there’s one reason for firing an employee that’s likely to stand up in court, it’s insubordination. Employers that carefully document an employee’s refusal to follow directions or listen to a supervisor’s reasonable instructions or rules are likely to win a lawsuit.
There are some jobs where the employee’s sex is a “bona fide occupational qualification”—but not many. For the vast majority of positions, employers can’t exclude people of one sex and only hire members of the opposite sex. After a recent appellate decision, it seems unlikely that one-sex hiring will survive legal scrutiny.

These days, employers get many more applications for open positions than they can possibly interview. But each of those applicants is a potential litigant. If you use a complicated hiring process with two or more steps, be sure you can explain how each step relied on objective, unbiased assessments of applicant qualifications.

At BambooHR, employees are out the door after 40 hours a week. The 53-employee HR software company strictly enforces a no-more-than-40-hour workweek. Employees go home on time, take every weekend off and never answer emails after hours.

Not long ago, the U.S. Supreme Court made it harder for em­­ployees to prove retaliation under Title VII anti-discrimination provisions. Under the New York City Human Rights Law, employees need only prove retaliation was an important motive in an adverse employment decision, not the only one.

As you prepare for the upcoming open enrollment season for health benefits, pass along these tips to help employees make smart choices.
Remind supervisors and managers that they shouldn’t assign jobs or duties based on a worker’s gender. Nor should anyone in management make comments that could be interpreted as sexist or as assumptions that certain roles are best assigned to either men or women.
A crane operator working at Texas A&M’s Kyle Field found himself out of work after he hoisted an Alabama Crimson Tide banner inside the stadium.
Some very small employers are truly so tiny that they’re not covered by Fair Labor Standards Act overtime rules.
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