Legal Clinic

Questions this month include how long a company must wait to hire new employees following a layoff, and what obligations companies have to rehire the laid-off workers. The Legal Clinic column also addresses job-abandonment issues.

Whether HR professionals are conducting internal investigations or questioning job candidates, they should be sure to follow appropriate procedures and processes to help prevent allegations of discrimination or harassment.

Questions this month involve the rights -- and responsibilities -- of employees with drug or alcohol problems. What treatments are protected by the ADA? And should alcoholic employees be held to the same workplace standards as other employees?

What should a supervisor do when the HR director refuses to communicate about workplace issues? And what should HR do when he or she witnesses what appears to be intentional bias in hiring. These are the issues addressed in the Legal Clinic this month.

The most significant points about complying with the Mental Health Parity Act and an update on the COBRA benefits -- as modified by the economic-stimulus act -- are summarized this month.

The Legal Clinic this month deals with the impact of the FMLA on an employee's infertility treatments -- as well as other federal laws that may produce repercussions for employer actions. It also discusses whether the FMLA covers time off following the death of a newborn.

HR leaders should develop procedures on how to handle items left behind by employees that recognize applicable state laws. The Legal Clinic also addresses what HR executives should do to prevent perceptions of reverse discrimination.

It is generally considered bad manners to seek references from a job candidate's current employer, but it usually doesn't lead to liability. The result may differ, however, if the candidate is seeking a federal job and he or she specifically rejected a request for such contact.

The Legal Clinic this month explores whether the WARN Act requires employers to provide time off for interviewing prior to the actual layoffs and whether federal laws and regulations apply to Indian-owned casinos or other businesses.

Employers can require all workers to participate in daily group exercise, but companies should be wary of only placing such a mandate on only some employees, such as smokers or those who are overweight. The column this month also deals with the rights of organizations to search employee lockers.

Complying with seemingly simple rules, such as publicly posting notifications about various government regulations, can sometimes offer intricacies for HR leaders. The Legal Clinic explores that topic as well as some of the issues to consider when an employee quits and walks off the job.

In the worst of times -- and the best of times -- HR professionals are on the front lines of managing changes affecting recruiting and terminating employees. The vast array of federal and state regulations can make it easy to get lost in the labyrinth.

This month, the Legal Clinic will provide some guidance to HR leaders by addressing the issues of cell phones in the workplace and whether it's OK to discharge an employee who has filed for, or is receiving, workers' compensation benefits.

Responding to requests from former employees who have been laid off requires some finesse -- and knowledge of the law -- by HR professionals. While there's no requirement to rehire, offer transfers or accommodate other requests from laid-off workers, HR should tread carefully to reduce the risk of liability.

Liability exposure for discrimination and harassment in the workplace can have far-reaching effects -- far beyond the liability imputed to the company and to the individual who acted on his or her bias.

There seems to be a wave of optimism for 2010 -- a hope that we will see an upsurge in the economy and employment. Because of this, many companies are preparing to hire again and will need to brush up on their screening practices to ensure that, when the time comes, they remain compliant with the laws related to the process.

Each New Year has traditionally been the time when we revisit best practices for handling human resource issues. In keeping with that tradition, this month we're addressing best practices for conducting internal investigations, including whether it is a wise practice for management to publicize employee disciplinary reports.

HR professionals face myriad legal issues when managing employees with serious medical conditions who request leave or accommodation. HR leaders should take special care to ensure that, in responding, the company adheres to its statutory and regulatory obligations. Failure to do so can result in costly litigation.