Category: HR Hero Line

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

Service Dog

Endangered (Service) Animal Species

by Karen McAndrew As of March 15, 2011, boa constrictors, ferrets, wildebeests, and rabbits are no longer considered “service animals” under the Americans with Disabilities Act (ADA), so assuming the Attorney General’s Office of your state concurs, you will not have to let those animals dine in your restaurant or hang out in a cubicle […]

Independent Contractor vs. Employee

by Gary S. Fealk Businesses often find it advantageous to hire independent contractors to perform a variety of duties in place of employees. Using independent contractors can reduce expenses for payroll taxes and benefits, avoid the impact of laws like the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), and […]

Playing hooky from work

Curb Summertime Blues with Good Absence Policies, Effective Rewards

Holy Ferris Bueller! Is it possible that some of your employees are calling in sick to have fun in the sun? It’s hard to quantify how many people play hooky from work just to enjoy beautiful, warm weather, but according to a recent CareerBuilder’s annual survey on absenteeism, 29 percent of workers took a faux […]

unlimited vacation

Unlimited Vacation Policies: Pros, Cons, and Pitfalls

Unlimited vacation is a growing trend that may be a good way for organizations to provide an incentive or bonus to employees to reward them for good work without increasing salaries or providing bonuses or other kinds of incentives. The concept of unlimited vacation is very simple: Employees can take vacation, personal, and sick time […]

DOL, IRS, Congress Want to ‘Help’ Workers Who Think They Are Misclassified as Independent Contractors

by Vaughn Burkholder and Tara Eberline What do the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), and Congress have in common? Sound like a setup for a bad joke? The punch line is that each of those federal entities has announced its intention to focus on employers’ misclassification of employees as independent […]

Looking for I-9 form

I Spy Missing I-9s — What Should HR Do?

by Steve Jones Q: My company recently conducted an I-9 audit and found that we are missing approximately a dozen I-9 forms. I don’t know if they were accidentally purged, filed incorrectly, or never completed. Can we ask the affected employees to fill out another I-9? If so, do we ask them to backdate it […]

When Weather Affects Your Business and Employees

Raise your hand if your business has not been disrupted by the weather in 2011. In the past two months, large parts of the Southeast and Midwest have been reeling from record numbers of devastating tornadoes; the West Coast had tsunami warnings following the earthquake in Japan; and the Mississippi River and its tributaries have […]

Exit Interviews: An Underused Tool for Protecting Your Company

HR professionals are frequently asked to do more with less. Moreover, these are challenging times, with companies facing increased employment litigation but having fewer resources for programs to strengthen the quality and longevity of the workforce. Exit interviews represent an effective and inexpensive, albeit little-used, tool for spotting and fixing problems before they turn into […]

$1.6 Million Award to Fired Worker Who Complained of Discrimination, Retaliation

by Amy M. McLaughlin A recent decision from the Second U.S. Circuit Court of Appeals reiterates an employer’s obligation to ensure that its decisionmakers act without discriminatory or retaliatory animus. The employer in the following case allowed a decisionmaker whom it knew harbored racial animus to fire a black worker for poor performance. That move […]

Relying on Luck to Avoid Employee Legal Claims Is Dangerous and Expensive

Here’s a case that will probably make employers feel great about their own compliance efforts. You know who you are: You train your new hires on all company policies, you have sparkling and oft-reviewed nondiscrimination, nonharassment, and nonretaliation policies, you conduct supervisory training early and often, and your folks know how to recognize potentially harassing […]