Category: HR Hero Line

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

Alcoholism and ADA, FMLA Liability:What Employers Need to Know

by Brian Burbrink According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability […]

Calculating How Much FMLA Leave an Employee Has Available

As we all know, the Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees with 12 weeks of unpaid leave during a 12-month period. Employers are allowed to define the 12-month period any way they wish — much like they are entitled to define the seven-day period that comprises a workweek […]

How Texting Can Get You into Trouble at Work

Has texting grown up enough to become a corporate communications tool? Are your employees using their company-provided phone, PDA, or smartphone to send text messages? HR professionals, IT leaders, and other executives are pondering the above questions at the moment. Text messaging is becoming more mainstream. Workers who came to maturity in the age of […]

Workplace Investigations: Finding the Truth

by Toby Tiner, Jr. Editors’ note: This week we feature a guest article. The editors of Maine Employment Law Letter think you will benefit from the practical insights of their colleagues. They have worked alongside Toby on many tricky employee-relations cases, and his ability to find the truth while treating employees respectfully has impressed them. […]

Employer May Terminate Employee Who Misrepresented Need for FMLA Leave

The Sixth U.S. Circuit Court of Appeals (which covers Kentucky, Michigan, Ohio, and Tennessee) recently addressed whether an employer could terminate an employee who met the requirements for Family and Medical Leave Act (FMLA) leave but, by virtue of his behavior during the leave, revealed that he actually was able to work.

Adopt a Formal Flextime Policy

Employment law attorney Robert P. Tinnin, Jr., answers an HR practitioner’s question about improving a flextime program that has become unmanageable.

EEO Training Makes Economic Sense for Employers

by Sam R. Fulkerson The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, […]

Salesperson Not Subject to Administrative Exemption from Overtime Pay

by Jonathan C. Sterling Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies […]

Making the case to keep human resources

Making the Case for Keeping HR

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]