Tag: Policies

What Does the Wal-Mart Decision Mean for Your Organization?

It’s certainly big news when the U.S. Supreme Court dismisses a class action claim that could potentially have involved over 1.5 million women. What does it mean for your company’s defense against class actions? Maybe not so much. Craig Cleland, a shareholder in Ogletree Deakins’s Atlanta office, summed it up the post-Wal-Mart situation as follows […]

The Rule Is ‘English only’! Capice?

By Lauren M. Cooper A much-debated issue is whether you may lawfully require employees to speak only English in the workplace. The simple answer is yes. This article will address the circumstances in which you may legally enforce an English-only policy and the potential legal risks that follow. Status Quo Ante Employers increasingly ask employees […]

To Prevent Lawsuits—Think the Way a Jury Thinks

Fairness—not legality—is the most basic issue in avoiding lawsuits. Why? Because fairness is what matters to juries. As you act, ask yourself, what would a jury think? Many of the most costly cases in employment law are decided by juries. Although judges carefully instruct jury members in the finer points of law involved in their […]

FMLA Obligations for Pregnant and Nursing Mothers

In yesterday’s Advisor, we covered discrimination laws and pregnancy; today, FMLA and pregnancy, plus an introduction to an extraordinary collection of pre-written job descriptions, available on CD and ready for you to implement. The Pregnancy Discrimination Act (ADA) applies regardless of how long an employee has worked for you. The federal Family and Medical Leave […]

What to Expect When Your Employee Is Expecting

Pregnancy—a special event, for sure, but a challenging one for the employee’s manager and for HR. Managers need to get it right from the start, and, by the way, guess what, you’re not getting the jury’s sympathy. In 1978, Congress passed the Pregnancy Discrimination Act (PDA), amending Title VII to prohibit employers from discriminating against […]

The Trap of Overbroad, Out-of–Date Policies

In yesterday’s Advisor, we found attorney Kevin Troutman’s first five threats and traps for HR managers; today, three more plus an introduction to the all-in-one HR website, HR.BLR.com. Troutman, who is a partner in the Houston office of law firm Fisher &Phillips LLP, blogged his threats and traps on Mondaq.com. [Go here for Traps 1 […]

8 Threats and Traps for HR in Today’s Legal Environment

Trying to comply with the myriad of HR-related laws is tricky enough, but recent developments have opened the door to new legal hazards, says attorney Kevin Troutman. And there’s no grace period—be in compliance now or face time-consuming and costly investigations and litigation. Troutman, who is a partner in the Houston office of law firm […]

New HIPAA Rules Proposed for Disclosure Accounting

A dreaded accounting-of-disclosure rule for electronic protected health information (ePHI) will require action by many employers, in their roles of health plan sponsors. (Employers are not technically “covered entities” under HIPAA privacy but, in effect, must comply if they’re involved in plan administration.) The rule came out in proposed form on May 31. It would […]

Religious Accommodation Q & A—Undue Hardship, Dress, Holidays

In yesterday’s Advisor, we covered the tricky ground of religious accommodation. Today, a Q&A on hardship, dress, and holidays, plus an introduction to a unique, checklist-based audit system. What Costs Equate to Undue Hardship? Employers need not incur more than minimal costs to accommodate an employee’s religious practices. For example, infrequent or temporary overtime payments […]

Leave, Contract, Public Policy May ‘Protect’ from Firing

In yesterday’s Advisor, we presented the first two “fire-retardant” categories; today, three more, plus an introduction to a new online training system for your managers and supervisors. Some employees are “fire-retardant”—that is, tricky to fire because of their position, but they’re not impossible to fire. Here are three more categories of employees who may be […]