Month: August 2013

Rules need not apply

by Dan Oswald Last month, Ryan Braun, the Milwaukee Brewers star who was the 2011 National League MVP, was hit with a 65-game suspension that ended his season for his use of banned substances provided by a Miami clinic accused of distributing banned performance-enhancing drugs to Major League Baseball players. This was after he had […]

Helping Managers Who Don’t Perform–Practically, Firmly, Finally

Yesterday’s Advisor offered consultant Paul Falcone’s practical approach for dealing positively with poor performing managers. Today, more of his tips, plus an introduction to the guide especially written for the small—or even one-person—HR department. [For Day 1 suggestions, go here.] Day 2 (AM): The 1-on-1 Meeting with Wilma & Fred (Poor-Performing Manager and Supervisor) I’ve […]

Special Considerations for Medical Certification of Intermittent Leave

Managing intermittent leave can cause confusion and headaches, yet it is a required aspect of compliance with the FMLA. However, the proper use of medical certification is one of the ways to both manage the leave properly and reduce the risk of intermittent leave abuse. “Medical certification is a powerful tool to control and monitor […]

NFL player’s racist comment sparks debate

by John Phillips Here we go again. First, cooking queen Paula Deen. Now, NFL player Riley Cooper. The two situations are different, but both involve use of the N-word. For Deen, the question was whether, at some point in the past, her use of the N-word and her consideration of having black employees dress up […]

Are Your Employees Trained to Avoid Shocking Situations?

The following training points are brought to you courtesy of today’s featured BLR® safety training product, 7-Minute Safety Trainer®. Shock Prevention Inspect electrical equipment before use to be sure insulation is in good condition. Check that plugs have a good, tight connection. Use only wiring that is approved for use outdoors or wet areas, and […]

Can You Dock Exempt Employees for Missing Time?

Employers frequently express frustration with the limitations the Fair Labor Standards Act (FLSA) places on their ability to discipline exempt employees. Many operate under the misconception that they can’t touch exempt employees for not working a full 40-hour workweek. If that were true, then being an exempt employee would be basically the same thing as […]

The 4 Ways to Challenge FMLA Certs

Alexis, who offered his intermittent leave tips during the recent Advanced Employment Issues Symposium in Las Vegas, is with the Kinaga Law Firm in Los Angeles. The certification process is set up to allow you to get the facts that establish the medical necessity or qualifying exigency that qualify employees for leave. If you doubt […]

Employees’ smartphones as potential sources of evidence

By Antoine Aylwin and Edith Charbonneau Your employee quits his job and returns his smartphone. It contains information that shows he was scheming against you. What can you do with this? Could you use the e-mails found in the smartphone as evidence? This question was recently ruled upon by the Quebec Superior Court in Les […]

On the Brink of Failure: HR to the Manager’s Rescue

It’s tough to confront a manager’s failure, but there is a system that can result in a turnaround, says consultant Paul Falcone, who is known for his detailed and practical guidance for HR managers. Falcone, author of a number of SHRMStore best-sellers, including 101 Tough Conversations to Have with Employees and 101 Sample Write-Ups for […]

FMLA Leave HR Conundrums: Handling Suspected Fraud

FMLA leave provides enough regulations for HR to contend with—no one wants to add a fraud investigation into the mix. However, it’s an unfortunate reality that some employees try to abuse the system, especially when it comes to intermittent leave. What can an employer do when fraud is suspected? What Constitutes FMLA Fraud “What constitutes […]