Tag: employer

Accommodating Chronic Conditions—Frustrating and Annoying, But You Have No Choice

What Is a Chronic Condition? What is a “Chronic Condition” for purposes of leaves, accommodations, and performance management? Eyres says that it is a disease or disorder: Of slow progression and long duration; That causes continuous or episodic periods of incapacity; Lasting at least one year but usually a lifetime; and That often involves episodic […]

Print

Contingent Workforce—Who’s a ‘Temp’?

The temporary or contingent workforce is the fastest growing segment of the national workforce, with almost 75 percent of employers in all industries using them, according to a survey by CyberShift. It’s important to sort out the status of your relationship with each type of contingent worker before issues arise. For insights, we turned to […]

Print

Temp and Other Contingent Workers—Laws Still Apply

Discrimination Laws The Equal Employment Opportunity Commission (EEOC) Enforcement Guidance 915.002 concerning contingent workers clarifies that staffing firms and employers using contingent workers may not discriminate on the basis of race, color, religion, sex, national origin, age, or disability, nor can they ask the medical questions forbidden by the Americans with Disabilities Act (ADA). Immigration […]

Print

Performance Appraisals: Do’s and Don’ts from the Real World

Makris, senior counsel at Pillsbury Winthrop Shaw Pittman, and Rhoma Young of the HR consulting firm Rhoma Young & Associates offered tips for ensuring that performance appraisals are used legally and effectively. Their suggestions came in a recent BLR®/HR Hero® audio conference. From a legal perspective, performance appraisals are important because they can help defend […]

Print

Stop Measuring Satisfaction—Start Focusing on Engagement

Benowitz, who is the vice president of Growth and Development at The Employee Engagement Group, offered his expert tips on engagement surveys in a recent webcast offered by BLR. Engagement is about mutual commitment, says Benowitz. Companies help employees reach their potential and employees help their companies perform better. This combination results in engagement—“the capture […]

Print

‘Thinking About Retirement?’—Danger or Diligence?

Can You Ask About Retirement Plans? Can you ask older employees about their retirement plans? Yes, if you are careful, says BLR® Senior Legal Editor Joan Farrell. But push too hard and it starts to look like age discrimination. If an employer has a legitimate reason, like workforce planning or succession planning, it’s not a […]

Print

‘Thinking About Retirement?’—Danger or Diligence?

Can You Ask About Retirement Plans? Can you ask older employees about their retirement plans? Yes, if you are careful, says BLR® Senior Legal Editor Joan Farrell. But push too hard and it starts to look like age discrimination. If an employer has a legitimate reason, like workforce planning or succession planning, it’s not a […]

Print

Can You Terminate Those with the Highest Salaries?

While salary level may be a legitimate factor in determining which employees to lay off, it cannot be the determining factor if it adversely affects older workers, says Tinnin, who is a partner with Tinnin Law Firm in Albuquerque, New Mexico, and editor of New Mexico Employment Law Letter. In 2005, he adds, the U.S. […]

Print

Performance Management: Do’s and Don’ts in the Real World

Makris, senior counsel at Pillsbury Winthrop Shaw Pittman, and Rhoma Young, of the HR consulting firm Rhoma Young & Associates, offered tips for ensuring that performance appraisals are used legally and effectively. Their suggestions came in a recent BLR®/HR Hero® audio conference. From a legal perspective, performance appraisals are important because they can help defend […]

Print

9 Things You MUST NOT Include in Your Documentation

Do not include the following in your documentation, says Wobst: Personal opinions. Rumors or speculation about the employee’s personal life. Theories about why the employee behaves a certain way. (Don’t practice psychiatry without a license.) For example, don’t call an employee “crazy.” Instead, document behaviors. Legal conclusions. (Don’t practice law without a license.) For example, […]

Print