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. Is it acceptable for a company to negotiate with employees (on a case-by-case basis) to provide higher salary in exchange for the employee not taking certain benefits that the company pays 100% for (such as life insurance, AD&D, STD and LTD)? — Ed, Virginia
It’s almost always inconvenient to have an employee suddenly leave in the middle of a shift. But if the under­­lying reason is an FMLA-covered con­­dition and he gave you enough information to make you realize the time off might be covered by the FMLA, think twice before punishing the early departure.
For want of a thumbtack, the Fair Labor Standards Act’s statute of limitations didn’t run. In a case involving a domestic worker’s pay dispute but equally applicable to any employment situation, a federal appeals court ruled that failing to display the Department of Labor’s minimum wage poster meant an employer was on the hook for years of wage-and-hour violations.
HR pros have nothing to complain about compared to the people who perform the world’s most extreme jobs, as compiled by YourTradeBase, a British business consulting firm.

You probably have specific rules that spell out discipline for common violations. That doesn’t mean you can’t tailor the punishment to each individual situation. The key is to document the details that justify why one employee who broke a rule was punished more harshly than someone else who broke the same rule.

Employees have many avenues to sue their employers for alleged discrimination. Most are common and have clear-cut deadlines. Some are more exotic. Consider, for example, an employee’s right to sue over her employer’s alleged discrimination against her because of who she associates with. Here’s what happened when one worker waited more than four years to make a so-called Section 1981 civil rights claim.

Make sure you back up timecard information. Old-fashioned stamped cards can get lost or damaged. If that happens and an employee alleges she wasn’t paid for all work, the court may take her word—not yours—for how many hours she put in.

The 9th Circuit Court of Appeals had ruled that so-called automobile service advisors are nonexempt under the Fair Labor Standards Act.
Older workers tend to have more overall experience and may seem overqualified for entry-level positions. Don’t reject those candidates, though. Doing so may set you up for a discrimination lawsuit.
In a sudden reversal, New York-based Saks Fifth Avenue has elected to settle a sex discrimination complaint filed by a transgender employee at the company’s store in Houston.