Category: HR Hero Line

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

Is Your Workplace Bulletin Board Up to Date? A Bulletin Board ‘Top 10’

A well-maintained company bulletin board can be an effective method for management to communicate new policies and procedures to employees and boost employee morale. Additionally, bulletin board postings may serve as valuable evidence in the event of a lawsuit or grievance. A neglected bulletin board, however, is a trap for the unwary and a tool […]

Practical Job Descriptions

Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose? We get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they serve […]

Random Thoughts on FLSA Administrative Exemption

by Kara E. Shea I’ve been working with several clients lately on Fair Labor Standards Act (FLSA) compliance issues — specifically, on exemption classification audits. During an audit, I review all the jobs an employer has deemed exempt from overtime under the FLSA and try to decide whether the positions have been correctly classified. It’s […]

In Employment Law Cases, It’s Not Just about Smoking Gun Evidence

The worst-case scenario for any claim involving an employment-related decision is the “smoking gun” piece of evidence that destroys the case. It could be a notation in an interviewer’s notes that the applicant was “old” or a supervisor’s note indicating that the recently terminated employee “complained about safety issues a lot.” Because you generally have […]

Rising Gas Prices: How Employers Can Help Workers

From the nightly news to the employee break room, one of the hottest topics right now is how the cost of gas keeps going up, and with the crisis in the Middle East continuing to escalate, there is no end in sight. Employees are feeling the pain of rising gas prices and some may be […]

Navigating the Barriers to Global Mobility

By Hector A. Chichoni Because of tremendous advances in technology and transportation, companies are able to locate resources and skills in different parts of the world and manage them as if they were in one place. Competition for resources and skills is brutal and requires speedy and fluid access to global markets. When U.S. employers […]

Who Is Exempt under the FLSA?

by Gary S. Fealk Under the Fair Labor Standards Act (FLSA), certain employees may be exempt from overtime pay. Mastering HR: Overtime Executive, administrative, and professional employees An employee whose job duties fall within the executive, administrative, or professional category may be exempt from overtime pay if he is paid on a salary basis. Under […]

DOL Provides Crucial New Information on Lawyer Referral Program

by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]

Unemployed Job Applicants Pose Practical and Legal Dilemmas for HR

Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), […]

Risk of Disclosure of Information on Stolen Laptop Could Support Employees’ Claims

Let’s say you’re an employer that maintains unencrypted employee information on a laptop computer and the computer gets stolen. Could you be liable for the possible harm that could come to employees if their personal information were disclosed? In a recent decision, the Ninth U.S. Circuit Court of Appeals held that affected employees might have […]