Tag: Employment law

Answers to questions about exempt time records, employee privacy

Employee pay and privacy are two of the most basic, yet potentially problematic issues for HR professionals, but guidance is available. Recently, questions on those two issues were put to a group of attorneys. To track or not to track The need to keep track of nonexempt employees’ work hours goes without saying, but is […]

Insights from a CEO: HR can become a strategic partner

HR professionals know they have a lot to offer and deserve “a seat at the table” in the C-suite, but showing top management that their expertise is vital to an organization’s strategic efforts often is a tough sell. Tough, but not impossible. Dan Oswald, CEO of human resources information provider BLR, shared some advice for […]

Managing the workplace during the holidays

by Joseph Godwin Company holiday celebrations have a well-deserved reputation for resulting in employer headaches. Alcohol consumption at parties, gag gift exchanges, questionable wardrobe choices, Dirty Dancing moves, excluding spouses or domestic partners, and a host of other factors have made the office party the “most wonderful time of the year” for employees’ lawyers. You […]

The long arm of the EEOC: Agency’s subpoena power is a force to be reckoned with

by Burton J. Fishman In 2007, the Equal Employment Opportunity Commission (EEOC) filed suit against Kroger, the grocery chain, because it rejected an applicant for a “cashier, bagger, stocker” position in part because of a poor score on an orally administered “personality trait” test prepared by Kronos, Inc. The applicant had speech and hearing difficulties […]

‘Merry Christmas!’ I mean ‘Happy holidays!’ Oh, just have a nice day

by C. Edward Watson Q: Every year, the holiday season seems to get more stressful. On the one hand, I have a couple of employees who want to make everything about Christ. They insist on wishing everyone, including our customers, a merry Christmas rather than happy holidays or not saying anything. They claim that saying […]

Loss of COBRA Eligibility Due to Union Lockout Deemed Labor Rights Violation

Typically, interference with an employee’s COBRA coverage rights raises legal claims under ERISA; however, employers should take heed that in some instances other federal laws are invoked. Recently, an employer was found to have violated federal labor law when it engaged in an unlawful lockout of union employees that included the cancellation of their health […]

Layoff as constructive dismissal: a cautionary tale for employers

By Ralph N. Nero and Keri L. Bennett When is a layoff not a layoff? When it is a constructive dismissal, according to an Ontario judge. McLean v. The Rawyal Limited Partnership reaffirms the principle that unless incorporated as an express or implied term of the employment contract, a layoff may be treated as constructive […]

Die Hard … with a Christmas vengeance

Litigation Value: $50,000 or so, depending on how much harm comes out of an essentially unsupervised holiday party It is the annual Christmas episode of The Office, and it’s bittersweet as Jim and Pam talk about how this will be the last Christmas party for the both of them at Dunder Mifflin Scranton–much like it […]

It’s time for flu season safeguards in the workplace

by Tammy Binford The headlines are alarming. A virulent flu strain is striking in at least some parts of the country earlier than usual, possibly signaling a rougher-than-normal flu season. Employers who ignore the flu threat risk turning their workplaces into a flu-fueled fever frenzy that gets worse throughout the winter and into spring. A […]

Insights from a CEO: Removing the stigma of HR as a cost center

Consider the human resources department: Is it a center for strategic thinking or a cost center–necessary but still a burden on the bottom line rather than a contributor to profits? That’s one question to explore as HR professionals work to earn the “seat at the table” they’ve long sought. Recently, a group of HR professionals […]