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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A Papa John’s pizza franchisee faces jail time for his attempt to evade responsibility for paying overtime to workers at nine stores in the Bronx, N.Y.
Working overtime can be an essential job function. If disabled employees can’t work overtime, you may not have to accommodate them.
Some companies, including General Electric, have begun replacing traditional performance reviews with web- and mobile-based apps that let employees provide real-time, 360-degree feedback of one another.
One of the first cases the U.S. Supreme Court heard in its 2015-2016 term could have important implications for employers that require arbitration to settle workplace disputes.
Forty-five percent of employees who get sick with the flu believe they caught it from someone at work, according to the medical journal “Clinical Infectious Diseases.” It’s a timely reminder that influenza season will soon be upon us, and that it’s not too early to urge employees to get flu shots.
Not every disability can be accommodated in a way that enables an employee to perform the essential functions of his job. Sometimes, the disability simply can’t be accommodated. When that’s the case, you may terminate the employee. If he sues, you must be ready to show what the job’s essential functions are and that it simply isn’t possible for the disabled employee, given his specific disabilities, to perform those functions.
Q: “We are a small company with 12-15 employees at any one time. I get very confused on all the agencies that put out employment requirements. Can you tell me if the ADA, EEOC, etc. apply to us?” – Judy, Alaska

Employers can be liable under the ADA if they “regard” someone as disabled—that is, assuming and acting as if the person has a disability. That’s true whether the worker is disabled or not. Telling an employee she should pick up medical forms to apply for disability benefits and sending her home until she does apply probably means the employer regarded the employee as disabled.

It’s hard to convince a judge or jury that the same person who hired someone knowing his protected status would later turn around and fire that employee because of that very protected status. That’s one reason you should keep careful track of which manager recommended hiring someone who is obviously a member of a protected class—such as an employee who is disabled because of a missing limb.

As long as you can show a business necessity for asking an employee to undergo a mental examination, there’s no ADA or Fair Employment and Housing Act liability. Erratic, insubordinate behavior that continues after a request to stop is a good business reason.
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