Category Archives: HR Law

The Dirty Dozen: 12 Manager Mistakes that Spark Lawsuits

Lawsuits by employees against their employers have grown in the past decade. Often, lawsuits are initiated as a result of simple management mistakes and perceived slights. What many people don’t realize is that some laws allow employees to sue their supervisors directly, meaning a manager’s personal bank account could be affected. This article lists 12 of the biggest mistakes that managers make that could potentially harm a library’s or an organization’s credibility in court. Human Resource professionals might consider using Read the rest

Quiz: Do You Know the Correct Answers?

1. What does the federal law say about extra pay for people working weekends, nights or holidays?

  1. It’s not required, but some state laws may apply
  2. It’s required at time-and-a-half
  3. It’s required at double time
  4. It’s not required, but you must give a bonus

Correct answer: A

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee’s representative). The Fair Labor Standards Act (FLSA) does not require extra pay Read the rest

DOJ Reverses Stance on Transgender Workplace Protections

Human Resource professionals, managers, anyone who has a job, or anyone looking for a job should take note. According to this article, it appears that the current administration has plans to reverse many of the employment policies passed under the previous administration. As an example, several days ago Attorney General Jeff Sessions issued a memo stating that Title VII of the Civil Rights Act (which bans workplace discrimination on the basis of sex) does not protect individuals against discrimination Read the rest

5 Things Employers Can Do to Avoid Disability Discrimination Lawsuits

According to the Equal Employment Opportunity Commission (EEOC) charge statistics, over 28,000 disability discrimination charges were filed with the agency last year. It’s no secret that discrimination, harassment, and retaliation claims based on disability cost employers plenty—and it’s not just the dollars awarded in damages. It’s the expense of litigation. It’s the time employers must spend defending claims. It’s the bad publicity for the company. It’s the damage to employee morale. This article provides suggestions to help employers avoid Read the rest

Medical Marijuana: When a Positive Drug Test May Not be Grounds to Fire an Employee

Last month, Massachusetts’ highest court held that a medical marijuana patient terminated for failing a drug screening could state a claim for disability discrimination against her employer. According to this article, many states’ medical marijuana laws contain the similar language to that which the court relied on. Therefore, it is suggested that employers outside of Massachusetts pay attention to the details of this and similar cases.Read the rest

Credit Checks for Employees and Applicants: Are They Worth It?

Given the varying federal, state, and local credit check requirements, employers should consider the relevance of the information they would obtain from a credit report.  Of course, credit checks may be needed for certain people dealing with financial matters. However, this article says that employers should ask themselves whether a credit check is actually “worth the effort and, potentially, the risk that comes with it.”Read the rest

Can Employers By-Pass Job Applicants for Being Too Qualified? (Code: Too Old)

If you have ever been in a position where you needed a job—any job—to pay the bills, you probably applied for positions for which you knew you were over-qualified. After waiting days, weeks, even months with no responses to your golden resume, you realize something is wrong. No employers were rushing to hire you. Then you learn that someone who had almost no experience compared to you was offered the position. Infuriated, you’re sure it’s because of your age. Do … Read the rest

Employers Should Think About the Changing Marijuana Laws When Reviewing Drug Policies

Marijuana laws have undergone significant change in recent years.  Although marijuana is still illegal under federal law, 28 states have passed laws making medical marijuana legal and eight states as well as the District of Columbia have made recreational marijuana legal. This article suggests employers  consider these legal changes when developing and/or revising drug policies. Read the rest

Bill to Alter Private Sector FLSA Overtime Rules Passes House

bill (H.R.1180 – Working Families Flexibility Act of 2017) that would allow nonexempt, private sector employees to choose either time-and-a-half overtime pay or an hour and a half of compensatory time off in exchange for working extra hours, has passed the U.S. House of Representatives. The bill attempts to take something that has been available to government workers since 1985 and extend it to private-sector employees. HRDive gives a brief overview and suggests that we keep an eye Read the rest

Be Careful What You Say When Discussing a Worker’s Pregnancy

The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment. As this brief description of a recent court case demonstrates, supervisors and hiring managers must be especially careful about comments made regarding a worker’s pregnancy. Certain comments could lead to law suits against your library or organization. Read the rest