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  • Re: HR Departments - Just Say No?

    I think many of these companies eliminating HR will regret it, so I do not fear for the future of HR. From a legal compliance standpoint alone, the HR manager is often the person who ensures best practices are in place and that the organization complies with a broad range of laws from ERISA to FLSA, and FMLA . Others in the organization may complain about procedures and policies HR insists upon, but it's often those same procedures and policies that will keep the organization out of (very expensive)
    Posted to HR Coffee Corner (Forum) by editorial on April 11, 2014
  • HR Departments - Just Say No?

    According to a recent article by the Wall Street Journal, many employers are saying "Thanks, but no thanks" to having an established HR department. http://online.wsj.com/news/article_email/SB10001424052702304819004579489603299910562-lMyQjAxMTA0MDAwOTEwNDkyWj What does this mean for the future of HR? Is it time to go back to school?
    Posted to HR Coffee Corner (Forum) by editorial on April 9, 2014
  • Re: Setting Up FMLA Policy

    As you note, there are 4 methods for tracking federal FMLA . The methods for calculating the FMLA 12-week limit may be based on: 1. The calendar year; 2. Any fixed 12-month period (such as a fiscal year, year required by state law, or year that begins with an employee’s anniversary date); 3. A 12-month period, measured forward, that begins on the date an employee first starts the FMLA leave; or 4. A “rolling” 12-month period, measured backward, from the date an employee last used any FMLA leave.
    Posted to Benefits & Leave (Forum) by editorial on February 6, 2014
  • Re: Domestic Partnerships

    Hi Bover; An update on your question . . . Spouses in a same-sex marriage have all rights and benefits as spouses in an opposite-sex marriage. Any references in state law to the spousal relationship apply to same-sex marriages. Parties to a same-sex marriage, therefore, are entitled to family leave benefits, deductions provided for under state and municipal taxation, and public assistance benefits. Employers in New York are required to provide the same benefits, such as health insurance, to same-sex
    Posted to Health & Safety (Forum) by editorial on February 6, 2014
  • Re: using employee photos for website

    There are a number of issues to consider before implementing this type of policy. The first is a safety concern that many employees might have, especially women. If the photos are being posted on a web site that is available to the public, women who have been in abusive relationships or the victims of a stalker would be strongly opposed to having their pictures posted. In fact, posting their pictures could put them in danger. Likewise, many people would prefer not to have their picture posted on
    Posted to HR Administration (Forum) by editorial on February 6, 2014
  • Re: using employee photos for website

    Hi Lucille: When an employer uses an employee's photograph, likeness, or attributes specific statements to an employee without his or her permission, an individual may have a valid misappropriation claim (e.g., the employer publishes an employee's photograph or likeness on company brochures without first obtaining the employee's consent). The overriding principle governing such claims is that an individual has an exclusive right to his or her identity. To prevent such claims, employers should obtain
    Posted to HR Administration (Forum) by editorial on November 8, 2013
  • Re: Paying Exempt Employee for work at home while on STD

    Employers may have to pay for the time taken by nonexempt employees to read and send e-mails after work hours. Under the de minimis rule, employers may disregard insubstantial or insignificant periods of time beyond the scheduled working hours, if, as a practical administrative matter, such time cannot be precisely recorded. If employees are checking e-mails for 2 or 3 minutes, employers will likely not have to pay for this time. But if employees are spending 10 to 15 minutes after work hours, employers
    Posted to Compensation (Forum) by editorial on September 11, 2013
  • Hiring discrimination based on fact that ony social media sources were used?

    Does anyone know a case in which discrimination in hiring is alleged based on fact that only social media sources were used and protected groups are underrepresented?
    Posted to Discrimination (Forum) by editorial on February 21, 2013
  • Re: Salaried employee quit and now wants OT? Help! Trying to sue us for 100k

    Jamie5136, Apparently your attorneys have determined that the person is non-exempt (most paralegals are) and that she worked, what, 3,000 hours of unpaid overtime ? Do you have any records that might refute that number? For example: Computer login data Building entry security entries or Security video Also, you say she never worked OT; do you mean she never worked more than 40 hours in a week? Just some thoughts; not legal advice. Best wishes, Steve
    Posted to Compensation (Forum) by editorial on December 28, 2012
  • Re: Recordkeeping Corporate vs Store sites

    One thing that comes to mind is that in some states, such as California, employees have a right to access their personnel files. In Calfiornia, these files must be kept at the employee's workplace. Even where there is no such law, company policy may state that employees can access their personnel files. Also, most states require employers to let employees access records pertaining to their exposure to toxic substances.
    Posted to HR Administration (Forum) by editorial on August 29, 2008
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