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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. Several employees have requested that we talk to another employee who, frankly, smells bad. I know she has medical problems. Can we ask her to do something about the odor or would that be discrimination based on disability?
Do you require employees to use an internal grievance policy when they have a complaint about working conditions? That policy may apply to re­­tal­­i­­ation claims too, even if the em­­ployee has been fired. Failing to use the proc­­ess may cancel the right to sue.
The NLRB has ordered a New York City tour bus company to reinstate a tour guide who was fired because of what he wrote on Face­­book. The board ruled that his postings were protected activity under the National Labor Relations Act.
Q. Our company recently terminated a manager who had been with us for less than three months. He just seemed not to be the right fit. Now the former employee is threatening to sue, saying he left a good opportunity to take a job with us, based on our offer and what was said in the hiring process. We did use an offer letter, which stated that employment would be at-will and that the offer letter did not constitute a contract of employment. Do we have cause for concern?
Responding to the U.S. Supreme Court’s June decision overturning a key part of the federal Defense of Marriage Act, the DOL has affirmed that employees with same-sex spouses have the same FMLA rights as other married employees—as long as they live in a state that has legalized same-sex marriage or recognizes such marriages performed in other states.

Besides their obvious purpose of identifying work to be performed, well-written job descriptions are integral in recruiting and interviewing prospective employees, rating job performance, classifying employees as exempt or non-exempt under the Fair Labor Standards Act (FLSA), meting out discipline, and making promotion and compensation decisions.

The NLRB celebrated Labor Day by unveiling a new mobile phone app that tells employees and unions about their rights under the National Labor Relations Act.
A black game warden-in-training—one of only two black cadets in her class—has filed an EEOC discrimination complaint against the Texas Parks and Wildlife Department. At the same time, the EEOC also granted a white game warden permission to file a federal lawsuit alleging that supervisors instructed him to “distance himself” from black colleagues.
A federal appeals court recently ruled that personal liability for violations of the Fair Labor Standards Act extends beyond corporate officers to individuals who exercise control over significant aspects of a company’s day-to-day functions.
Be careful before firing someone for violating email policies that prohibit forwarding company documents to a personal email account. If the forwarded documents support an EEOC or other discrimination complaint, and if the forwarding isn’t “disruptive,” firing the employee could trigger a retaliation claim.
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