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Despite a trend toward employers embracing flexibility in the workplace as a way to improve work-life balance, most employers have expectations related to their employees’ schedules. In some workplaces, rigid schedules aren’t necessary as long as the work gets done. In others, shifts are firm and when someone needs time off, a request is made […]
The Equal Employment Opportunity Commission (EEOC) has published new guidance addressing whether an employer violates the Americans with Disabilities Act (ADA) by requiring a high-school diploma for a job. The guidance was issued in response to an informal discussion letter in which the agency stated that the requirement may violate the ADA if (1) it […]
It’s March — the culmination of a long and productive season for the country’s top college basketball teams. It’s also the beginning of a less productive season in the workplace. March Madness may serve to sharpen the focus of the athletes playing in the college championship tournament, but the Big Dance often has the opposite […]
The Family and Medical Leave Act (FMLA) allows leave to be taken “intermittently” in certain situations. Intermittent leave often presents both logistical and employee relations challenges for employers, which must minimize the effect of intermittent leave on operations and address possible employee abuse while ensuring legal compliance. This article will discuss intermittent FMLA dilemmas and […]
Ever been caught off guard by a job interview question? Most people have because many employers have resorted to asking applicants questions that could be considered offbeat or even off the wall. Thomas Edison reportedly had a list of surprising queries he used when interviewing job applicants. Among his stumpers, as reported on the Mental […]
by Mark I. Schickman The National Labor Relations Act (NLRA) lists as one of its purposes the creation of a uniform national labor policy. That might have been the thought nearly 80 years ago when the NLRA was enacted, but it is the furthest thing from the truth today — as state-to-state conflicts in employment […]
by Jeffrey S. Beck Most employers are aware that to meet the burden of establishing a discrimination claim under the indirect method (i.e., without “smoking gun” evidence of discriminatory intent), an employee must offer evidence that similarly situated individuals outside her protected class were treated more favorably. While that principle is well established, cases can […]
Employers have many issues to consider when writing employee leave policies. Questions such as, “How will time accrue?” “When do employees become eligible for leave?” and “Under what circumstances should employees be paid when on leave?” barely scratch the surface. But when the issue is bereavement leave, employers may feel they have more at stake […]
by Craig L. Olivo Q: An exempt employee was out for a week. He had eight hours of accrued sick time, which he used before coming in and working two unauthorized hours at the end of the week. Are we required to pay him for the whole week? A: Generally, under the Fair Labor Standards […]
The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher. HR professionals often struggle with termination decisions. The decision is […]