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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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By focusing on wage theft and retaliation claims instead of broad enforcement efforts, California’s Labor Department has managed to assess more than $51 million in civil penalties against businesses found to be in violation of state labor laws.
Do you have a comprehensive civility code? If not, consider adding one. A work environment contaminated by yelling, cursing and other uncivil behavior could lead to discrimination and retaliation lawsuits.
Lure, a “gentlemen’s club” in Min­ne­­apolis, has agreed to pay $300,000 to settle a class-action lawsuit with its exotic dancers, who claimed they were employees, not independent contractors as Lure had contended.
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.
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