Author: Guest Columnist

Michigan

Job Description Can’t Do the Heavy Lifting in Determining Employee’s Essential Functions

The 6th Circuit recently overturned a lower court’s dismissal of an employee’s disability and age discrimination claims and sent the case back for trial. The employee, who is unable to lift more than 35 pounds because he has scoliosis, was discharged after nearly 40 years on the job when his supervisor discovered that his condition […]

Massachusetts

Commission Structure Doesn’t Justify Failure to Pay Wages Due at Termination

Commission payments often make up a significant portion of the compensation paid to employees who work in sales. The structure of commission payments varies from industry to industry and from region to region, but commissions serve the same basic purpose: financially motivating employees to increase their sales with the promise of receiving higher income.

Brand

HR Works Podcast: How to Use Your Company Brand as a Recruiting Tool

EPISODE 26 It’s easy to agree on two things: it’s getting harder and harder to recruit and great employees, and social media are playing a major role. And the question is, how can we leverage our social media profiles and presence and activity to support our recruiting efforts? It’s all about the employment brand. To […]

Video: ‘On-Call’ and ‘Show-Up’ Pay Issues Create Backlash of Legislation & Litigation

Variable work scheduling practices such as call-in shifts and on-call arrangements create some gray areas in terms of what is considered “work” time that therefore needs to be compensated.  As a result of these gray areas, as well as complaints from employees who have variable work schedules, various pieces of legislation have been introduced—and litigation […]

‘On-Call’ and ‘Call-In’ Work Schedules: Advantages and Disadvantages for Employers (Video)

What are the benefits for employers for instituting variable work schedules for their employees such as call-in shifts and on-call status?  How do these schedules work?  Who uses them?  And why have some major employers recently abandoned such practices? Speaking to an audience of HR professionals and employers at BLR’s Advanced Employment Law Symposium (AEIS), […]

HR Works Podcast

HR Works Podcast: How Women Leaders Can Overcome ‘Subtle’ Workplace Barriers

EPISODE 24 For years, HR managers have been working to eliminate discrimination against women in the workplace. And, not to suggest that that’s no longer a concern, but today, as women leaders progress in the workplace, they often face more subtle barriers that hold them back from fulfilling their true potential. To help us to […]

Video: How to Avoid the Dangerous Practice of ‘Make Up’ FMLA Leave

As an employment law attorney who specializes in FMLA, Stacie Caraway of Miller & Martin PLLC has heard from many well-meaning employers who want to help out their employees (who may claim, for example, that taking FMLA creates a financial hardship) by allowing them to ‘make up’  time they take for FMLA leave.  The one […]