2010-08-09
Time Off Prior to Layoffs?
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.
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2010-07-12
Working it Out
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.
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2010-06-14
Common Compliance Complexities
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.
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2010-05-17
Navigating the Maze on Hiring and Firing
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.
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2010-04-19
Seizing Employee Property
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.
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2010-03-22
Accommodating Former Employees
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.
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2010-02-22
Responsibility for the Actions of Others
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.
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2010-01-25
Searching for Candidate Information
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.
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2009-12-28
The Ins and Outs of Investigations
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.
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2009-12-01
Assessing FMLA Obligations
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.
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2009-11-02
Responding to Criticism on the Web
Employers seeking to respond to workers' negative comments posted on the Internet should be careful not to violate the bloggers' rights under state and federal laws. And with the number of bloggers increasing daily, employers should consider adopting the sample social-networking policy in this month's Legal Clinic.
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2009-10-05
Limitations on Background Searches
Employers have a multitude of state and federal restrictions to comply with should they seek information on criminal histories of job applicants or employees. Today's broad collection of laws -- including laws affecting employees who test positive on drug tests -- are designed to protect those who may be the most disadvantaged by the current recession.
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