Tag: HR

Family And Medical Leave: Mistake In FMLA Notice Permits Ineligible Employee To Take Leave; How To Avoid Similar Errors

Mix-ups with leave-related paperwork can bring on expensive headaches, as one employer recently discovered. Sam Duty, a mechanic and welder at Norton-Alcoa Proppants, injured his neck at work and took seven months of medical leave. But eventually a dispute erupted when it turned out that an error in the company’s FMLA paperwork gave Duty more […]

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Workplace Discrimination: Ninth Circuit Makes It Easier For Employees To Sue When Employer Had Discriminatory–And Legitimate–Reasons For Discipline

Because of an important new Ninth Circuit Court of Appeals ruling, employers may now have an uphill battle to fight when faced with allegations that discrimination was one factor—even if not the only factor—in an adverse employment decision such as a termination. We’ll explain what this is about and suggest ways you can avoid this […]

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News Notes: Labor Department Proposes New Rules For Foreign Workers

The federal Department of Labor has proposed extensive changes to the process for filing a Labor Condition Application (LCA) to employ a foreign worker. The agency says that the new rules would speed up application processing, but HR professionals and immigration attorneys are less optimistic, predicting that the proposal could radically limit the situations in […]

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Retaliation Claims: How One Employer Defended An Employee’s Claim That Supervisors Retaliated After She Charged Boss Harassed Her; Documentation Is Key

Sendai Parker, a credit analyst for a Los Angeles  area branch of Home Savings of America, charged that her supervisor sexually harassed her at a co-worker’s birthday lunch. The supervisor was eventually terminated. Then when Parker was fired two years later for alleged performance problems, she charged that her termination was the culmination of a […]

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Accommodating Disabilities: Employer Hit With Punitive Damages For Firing Supervisor Who Accommodated Epileptic Employee

Kevin Terry, a customer service representative at a Time Warner Entertainment Company office in Fayetteville, Ark., suffered from nocturnal epileptic seizures. His supervisor, Jane Foster, accommodated his condition by allowing him to arrive after the usual starting time and stay later in the evening to make up the missed time. But when angry co-workers complained […]

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Equal Pay: New Case Looks At When Jobs Do—And Don’t—Require The Same Compensation

Equal pay for equal work is a hot issue. And disputes over whether a female employee is entitled to receive the same compensation as a male co-worker typically focus on whether they perform substantially similar work. Now a new case involving a human resources administrator provides a practical look at some factors courts weigh when […]

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Family And Medical Leave: Employer Dodges $118,000 Verdict In Dispute Over Time Off For The Flu; Tips For Handling Minor Illnesses

When the U.S. Department of Labor issued an opinion two years ago suggesting that absences due to the common cold or flu could sometimes qualify as family leave, it was greeted with consternation by many employers. Now, in a new decision, a California appellate court has overturned a $118,000 verdict in favor of a worker […]

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