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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Here’s a bit of positive news on the litigation front: An employee who is in the very first stages of litigation can’t demand the court force his employer to provide a list of names and addresses for all its employees. Instead, the employee has to first provide some proof of his own, individual claim before he can invade other workers’ privacy.

Workers whose employers make it unbearable to come to work are still eligible for unemployment compensation. That’s called constructive discharge. But what about an employee who files an EEOC complaint alleging unbearable working conditions and then settles the case for a lump-sum payment in exchange for resigning? According to a recent Minnesota decision, that’s a voluntary resignation, blocking benefits.

Under recently signed legislation, New York City will begin a year-long employment tester program in which paired job applicants with similar experience and qualifications will express interest in the same job. One will belong to a protected class and one will not.
Do you have an employee with a serious health condition you cannot accommodate? You can insist that she take FMLA leave. There is no legal requirement to go along with her suggestions for elaborate and expensive accommodations that might let her continue working.

It may be disruptive and expensive to provide an employee with up to 12 weeks of FMLA leave and continue to cover your share of an employee’s health insurance premiums. But ignoring your FMLA obligation—or trying to find creative ways around it—can be even more costly to your organization. Consider this recent Pennsylvania case in which the employee ended up losing her medical coverage during a health crisis. The employer has now been ordered to pay the employee’s medical bills directly.

If an employee dies of an accidental prescription drug overdose, you’d think it would be hard for the family to claim workers’ compensation death benefits. But as the California Supreme Court shows, if an employee can claim the injury was work-related, an overdose on the resulting medications could trigger a workers’ comp claim.
Before you hire employees from the competition, make sure they don’t have an existing noncompete agreement. When in doubt, consult an attorney.
It's showing up in more workplaces, but are the benefits just an illusion?
Employees have to work at least 1,250 hours in the preceding year to be eligible for FMLA leave. If an employee requests leave to deal with a medical issue and is close to achieving that threshold, inform her. Maybe she can wait until she’s covered by the FMLA.
In this complex job market with a growing talent gap, executives are leaning more on HR leaders these days for innovative business strategies, according to a new CareerBuilder survey.