Category: HR Hero Line

HR best practices, employment law tips, news and analysis, Q&As, and lessons learned from the courtroom.

Lessons Learned from Fight over Off-the-Clock Work

The story of a Chicago woman fired from her job after she was caught working on her lunch break made national news earlier this year. It struck a chord with the general public because people were questioning why an employer would fire an employee for seemingly going the extra mile. If an employee is punished […]

No More Compensatory and Punitive Damages for WFEA Violations

By Saul C. Glazer The Wisconsin Assembly passed a bill on February 21 eliminating compensatory and punitive damages awards for violations of Wisconsin’s Fair Employment Act (WFEA). This bill was passed by the Wisconsin Senate in November 2011 and is expected to be signed into law by Governor Scott Walker shortly. This law reverses a […]

12 Tips to Lower Legal Bills, Assist Lawyer in Employment Disputes

Unemployment is high, and employment litigation is increasing. We’re seeing more wrongful discharge, discrimination, and wage cases than ever. What will you do if your business is served with a lawsuit or discrimination charge by a current or former employee? We have some suggestions that can help keep your legal bills reasonable and assist your […]

Compulsive Gambler Bets on FMLA Leave and Loses

by Michael E. Barnsback Jonathan Mook (one of our intrepid Virginia Employment Law Letter editors) and I recently taught a Family and Medical Leave Act (FMLA) Master Class. As with all of our FMLA classes, the major concern among the participants was how to curb abuse and prevent claims. One of the recent cases we […]

5 Tips for Navigating FMLA Certification Process

By Francine Esposito Navigating the Family and Medical Leave Act (FMLA) medical certification process can be tricky for even the most seasoned HR professionals. Thankfully, most employees requesting leave for their own serious health condition legitimately need it and will provide the necessary documentation. Other employees, however, attempt to “work the system” to take what […]

Prevent Peril from Office Romance

It’s the season of cardboard cupid decorations festooning cubicles and desks sporting little bowls of heart-shaped candies inscribed with messages such as, “Be Mine,” and “Love.” Valentine’s Day can provide a fun break from winter blahs around the office, but it’s also a reminder of a potential legal hazard — office romance. Employers struggle to […]

Allowing Gambling at Work: A Good Bet or Bad Odds?

By Celeste Blackburn Are your employees gambling at work? With the Super Bowl and NCAA basketball tournaments coming up, it’s almost a sure bet that at least some employees are gambling on sports during company time, using company equipment. Sometimes, employees don’t wait for major sporting event to gamble, instead betting on the Oscars, American […]

Can I Get a Second Opinion on Worker’s Readiness to Return from FMLA Leave?

by Steve Jones Q: Can an employer send an employee who is returning from Family and Medical Leave Act (FMLA) leave to a company-appointed physician for a second opinion to verify that he is able to perform the essential functions of his job? A: No. The FMLA doesn’t permit an employer to request a second […]

Misclassifying Employees as Independent Contractors: Front-Burner Issue Again

by Kara E. Shea Independent contractors, by definition, are self-employed. Because they aren’t employees, they aren’t covered by employment, labor, and related tax laws. As a result, some employers may be tempted to reclassify employees as independent contractors to avoid taxes, benefits, record-keeping requirements, overtime, and other expenses. Wage and Hour Compliance Manual Contractors are […]

Widespread Discontentment May Increase Employee Turnover

Now that the calendar has turned to 2012, employers and employees alike are taking stock. Will the new year bring relief from a long recession? Will layoffs slow down and hiring speed up? Will discontented, overworked employees have a chance to recharge? The answers are specific to individual employers and employees, but survey data provide […]