HR Esq Posts
Dealing with employees who get ill or injured at work in the U.S., and are covered by your company’s workers’ compensation insurance, can raise a host of legal issues for HR.
To protect against potential liability under the new Health Care law, companies would be wise to partner with their insurance broker/agent, their tax consultant and their employment lawyer to ensure they are in compliance and have the protections they need in place.
Editor’s Note: As reported on NYTimes.com on November 8, 2010, the National Labor Relations Board has filed a complaint against American Medical Re...
Sometimes I think employers bend over backwards too far for their employees and forget they have a business to run and that they are the boss. While it is import...
Companies have a duty to safeguard confidential employee information in their keeping. Carelessly allowing such information out into the world can result in being liable to the wronged employee who had their identity stolen.
On May 12, 2010 the New York State Senate passed a bill "establishing a private cause of action for abusive work environment." In other words, this bill outlaws workplace bullying. While seemingly well-intentioned, this bill imposes additional r...
I recently reviewed an employment application that asked applicants to specify if they had "ever committed a felony?" It sought a "yes" or "no" response, without further explanation. My first reaction was . . . "you can’t ask that!" But th...
At-will employement. What is it and how odoe sit apply to your business today. Learn here
The U.S. Equal Employment Opportunity Commission (EEOC) which enforces various federal non-discrimination laws met in April 2009 to present Employer Best Practices for Workers with Caregiving Responsibilities.
In recent times the number of overtime litigations have risen rapidly. Here's how you can avoid getting cought in the overtime lawsuit
In Other People’s Money, Danny DeVito’s character likened litigation to nuclear war—once it starts, nobody wins. There’s a valuable caution there—if an employee or ex-employee sues an employer, even if you...
The debate rages on—are employers having trouble filling empty positions because of the lack of talent, or because employers are unwilling to either "grow their own," or provide training programs to cultivate the potential seedlings?
Often, managers treat Human Resources like their auto insurer—they only call when there’s a catastrophe. While understandable, that’s not particularly helpful. Waiting until an employee needs to be terminated or until a lawsuit...
Sometimes I see employers go outside the bounds of their obligations when they have disabled employees. HR managers and small business owners unfortunately, and improperly, routinely advise employees as to what they should do for this condition or th...
There's No Such Thing as a Free Lunch, or a "Free" Employee: Pitfalls of Utilizing Interns and Volunteers
Employers are looking for actions to take to cut costs. One area often overlooked is getting your current employees to focus on doing their jobs, and not accepting back-flash and insubordination. After all, managers have rights too—the right to get the job done.
Are we ready for Congress to require that employers provide paid sick days to all employees? Five states (New York, New Jersey, Rhode Island, Hawaii and California) plus Puerto Rico mandate that employers provide short-term disability insurance benef...
With the Department of Labor (DOL) and other federal agencies slated to receive millions of dollars in funding to expand their programs (and to hire new enforcement officers), employers need to be aware that the customary operating basis may no...
Who Are We Talking About?: The Necessity to Identify the Subjects in Performance Review and Employee Evaluation Documentation
Inadvertent Legal Consequences Text Messages Can Cause Headaches for Human Resources
Welcome to HR Esq. As an experienced labor and employment lawyer representing businesses for many years, I hope to bring you a perspective on the legal aspects of human resource management and information regarding new laws in the pipeline. Addres...
While not all companies are down-trending during the projected recession, employers should be sensitive to options regarding employees. With much belt-tightening, employers can take actions to improve their bottom line, but must be aware of the...
When you create documentation about an employee’s behavior or performance, you are writing for a future audience. By looking at the documents, a future reader who was not there, does not know the players and may not even know anything about...
On September 25, 2008, President Bush signed into law new amendments to the federal Americans with Disabilities Act (ADA). As most human resources professionals know, the ADA (which applies to employers with 15 or more employees) prohibits discrim...
Your company implemented an employee handbook to tighten legal protections. While a good first step, with the current legal landscape, this action is not enough. Companies could still be at risk for employee legal claims if managers do not know...
