Tag: Employment law

5 Timekeeping Tips to Reduce Wage and Hour Risks

Under the Fair Labor Standards Act (FLSA), employers must maintain records of hours worked by each nonexempt employee. That means companies bear the ultimate burden of showing that records of hours worked are in fact accurate. If an employer is sued by an employee, a group of employees, or the U.S. Department of Labor (DOL) […]

5 Tips for Accommodating Depression, PTSD, and Other Mental Illnesses

An estimated 16.1 million adults in the United States had at least one major depressive episode in 2015, according to the National Institute of Mental Health (NIMH). That number represents 6.7 percent of all American adults who are 18 or older. Seven or eight out of every 100 people will have post-traumatic stress disorder (PTSD) […]

review

Getting the Performance Improvement Plan Process Right

An employee continues to make mistakes that cost the company money. You meet with her and place her on a performance improvement plan (PIP). After the 60-day PIP period ends, you conclude that her performance did not improve adequately and terminate her employment. The employee files a complaint with the Equal Employment Opportunity Commission (EEOC) […]

Emphasize Exempt Duties in Your Job Descriptions for Exempt Positions

Job descriptions are important for several reasons, including providing evidence of the exempt nature of positions classified as exempt under the federal Fair Labor Standards Act (FLSA). This article discusses ways of emphasizing the “exemptness” of positions classified as exempt under the FLSA’s executive and the administrative exemptions.

Voluntary Self-Identification: Best Practices

Federal law requires many employers to track applicant demographic data and report it to the federal government. Reporting may be imposed by the Equal Employment Opportunity Commission (EEOC) or by the Office of Federal Contract Compliance Programs (OFCCP), for example. But what about employers that aren’t required to track demographic data? Here are some considerations.

National Origin, Discrimination, and Employers—Oh, My!

National origin issues are all over the news. Can the United States treat individuals differently based on their country of origin? How will a person’s country of origin affect her ability to obtain a visa to work in the United States? What do you do when U.S. Immigration and Customs Enforcement (ICE) agents or other […]

fired

You’re Fired! Softening the Blow of a Termination

Employment attorneys are frequently left to clean up the mess after a difficult termination. But engaging with your employees in a professional and respectful manner can go a long way toward simplifying termination cases. The following article provides some hard-won advice on the do’s and don’ts of employee terminations.

Halloween Firings of Yore: Frightening Guidance from ‘The Office’

Halloween is tomorrow, and we are flashing back to a Halloween-themed episode from one of my favorite shows: The Office. While the episode is aptly named “Halloween” (because it takes place on October 31 and the day of the office Halloween party), it could have easily been entitled “Grim Reaper” because this episode follows Michael […]

A Ship with No Captain Means No Change in Course

As of press time, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) still doesn’t have an administrator. Cheryl Stanton, who is currently the executive director of South Carolina’s Department of Employment and Workforce, was nominated for the position in September 2017. However, the Senate returned her nomination to the president in January […]

Is Your HR Department the Police or a Partner?

Close your eyes and picture your current HR staff. Does your HR department function as a strategic partner or as a police force? Do they spend their time addressing people who aren’t meeting the dreaded dress code, who can’t get along with others, or who are always late? Are they continually pushing to grab the […]