Archives

Self-Audits—Dangerous Documents of Self-Incrimination?

Regular examination of HR practices is critical to ensure compliance and to minimize exposure to very expensive lawsuits. But it’s risky business. Collecting data about your workplace is an important part of HR management. For example, employers may want to scrutinize whom they classify as exempt, or may simply want to know how the organization […]

EEOC Releases Proposed GINA Regulations

On March 2, 2009, the Equal Employment Opportunity Commission (EEOC) officially released the proposed regulations under the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA is intended to protect employees from discrimination by employers, employment agencies, labor unions, and insurers based on genetic information. The proposed regulations are designed to implement and provide further guidance […]

Can Employers Use Biometrics in Their Canadian Workplaces?

by Lisa Chamandy Employers in Canada are beginning to use biometric scans to replace traditional lock-and-key or card-swipe systems. Sensors record fingerprint-like information, and computers transform the data into a mathematical formula, usually comprised of 0s and 1s. The system then deletes the image, keeping only a template corresponding to 2 percent of the fingertip. […]

Invoking the Slippery ‘Affirmative Defense’ to Harassment

Yesterday’s Advisor covered the first three conditions that must be met to invoke an “affirmative defense” against harassment claims. Today we move on to the fourth condition, and bring you news about a unique tool that helps smaller HR departments with harassment—and the rest of HR’s major challenges. The fourth condition that must be met […]

Hot List: BusinessWeek’s Best Seller List

BusinessWeek magazine ranks the 15 best selling hardcover and paperback business books in March 2009 and gives a short summary. 1. Outliers: The Story of Success by Malcolm Gladwell. As you’d expect with Gladwell, there are lots of surprises in his explanation of why some people succeed fantastically. Pluck and smarts get less play here […]

Finding the Safe Haven from Harassment Claims

Although the Supreme Court has made it clear that employers are responsible for unlawful harassment by supervisors, the Court did provide a clear-cut method of avoiding liability under certain circumstances. Here’s how it works. First, the Court clarified that an employer is always liable for a supervisor’s harassment if it results in a tangible employment […]

New FMLA Regs: Holidays, Joint Employers, Pregnancy and More

In past issues of HR Hero Line, we’ve examined the FMLA regs issued by the Department of Labor (DOL) in November 2008. This week, the attorney editors of the Kentucky Employment Law letter examine a few more changes made by the new FMLA regulations including holidays, joint employers, leave for pregnancy and childbirth, and employer […]

Beware Misclassifying Workers as Exempt Administrative Employees

As employers know, certain employees aren’t entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The most common exemptions include the executive, administrative, and professional exemptions. Because the administrative exemption is more nebulous than the executive and professional exemptions, employers often misclassify non-exempt workers as exempt administrative employees. Although it should be […]

The Taming of the Schrute

Litigation Value: $50,000 The last time we wrote about the Crime Aid episode of The Office, we advised that Dunder Mifflin might not be on the hook for any potential judgments for anything that happened in this episode. But on further review, I’m not so sure that was right. It’s entirely possible that a jury […]

Will Obama Really Push Pro-Union Legislation?

By BLR Founder and CEO Bob Brady BLR founder and CEO Bob Brady ponders the probable passage of the Employee Free Choice Act and the impact it will have on readers, and he suggests one step all organizations can take today. When candidate Obama was looking for votes, he praised the Employee Free Choice Act, […]