Tag: South Carolina

Ask the Expert: Can We Use ‘Comp Time’ once Overtime Regs Take Effect?

Question: I understand with the new FLSA regulations that “An employer may require an exempt employee to work more than 40 hours in a workweek without having to pay a premium for overtime hours.” Most of our employees are exempt, but currently we give them the option to be paid straight time for hours worked […]

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Can a Reasonable Accommodation Be Retaliatory Under the FMLA?

By Richard J. Morgan, JD One of the challenging situations faced by HR professionals and the employers they work for is the differing standards under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Considering one of the laws without an analysis of the other and its effect on employment […]

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Dangers of Excluding Unemployed When Searching for Workers

By Reggie Gay Employers that need workers often find themselves inundated with applicants — especially in today’s down economy. Some employers have even resorted to limiting the applicant pool to currently employed individuals as a way of dealing with a deluge of resumes. But that can be a legally shaky strategy. Mastering HR Special Reports: […]

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Employer Groups Fighting Back Against NLRB

Recent actions taken by the National Labor Relations Board (NLRB) have sparked enough anger among employers to prompt a lawsuit, an ad campaign, and support for a bill in Congress that’s seen as a way to curb what one employer group calls a “rogue agency.” The National Association of Manufacturers (NAM) filed a lawsuit on […]

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Stack of Resumes

Former Employee Keeps Reapplying Despite Rejection Letters

by Reggie Gay Q: We have a job applicant who worked for us approximately six years ago. There’s nothing negative in her file, but there were some issues with her job performance. Neither of her former supervisors wants to hire her back. She has applied several times and has received rejection letters, but she keeps […]

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Boeing’s Right to Relocate Some Operations to South Carolina before NLRB

Tuesday, the National Labor Relations Board (NLRB) will begin its unfair labor practice case against Boeing, insisting that the company may not move some of its operations from Washington to South Carolina because the move might somehow violate workers’ rights. The outcome of this case goes well beyond South Carolina, but it is vitally important […]

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Federal Inactivity Continues to Spark State Immigration Action

A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next. Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over […]

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Pointers for Supervisors: 11 Ways to Avoid Workplace Lawsuits

by Rita M. McKinney Supervisors can be an employer’s frontline of protection against costly discrimination claims — if they’re armed with the right information and training. Here are 11 important things every supervisor needs to know. Basic Training for Supervisors – easy-to-read guides to avoid legal hazards, covering more than 17 areas of supervisor training […]

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South Carolina’s Verification Rules for Private Employers Take Effect July 1

Last summer, South Carolina Governor Mark Sanford signed legislation that requires private employers to verify the employment eligibility of new employees. On July 1, 2009, these rules will take effect for private employers with 100 or more employees. Under the new verification laws, employers that are required by federal law to complete and maintain federal […]

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3 Questions Employers Should Ask in Discrimination Cases

In discrimination cases filed under Title VII of the Civil Rights Act of 1964, first, the employee must establish a prima facie (minimally sufficient) case of discrimination. Once he does that, the burden shifts to the employer to produce evidence that he was rejected or someone else was preferred for a legitimate, nondiscriminatory reason. This […]

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