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.
If your workplace isn’t exactly the picture of diversity, the need to fire your only minority employee may worry you. Isn’t that just courting a lawsuit? Maybe—but that’s no reason to retain a poor performer.
The usual wage-and-hour rules don’t apply to independent contractors because they aren’t employees. But that doesn’t mean you can forget about the FLSA by deciding to just call someone an independent contractor. What really counts is how much control you assert over the individual in how and when she does the work.
Some employees refuse to follow rules prohibiting off-the-clock work. Some—insisting they can’t complete their work any other way—may clock out and then return to work. That puts employers at risk for wage-and-hour lawsuits. You don’t have to put up with it.
You have probably read that once a disabled employee has exhausted his FMLA and other sick leave, you should still consider offering a brief leave extension as a reasonable accommodation. That’s true to a point. However, once you have allowed additional leave and the employee still isn’t cleared to return to work, it may be time to terminate him despite his disability.