If an employee asks for time off from work rather than pay for overtime hours worked, can a company grant this request? It depends. Generally, overtime is due whenever an employee who is not overtime exempt works more than 40 hours in a workweek. (A few states require the payment of overtime if an employee… Continue Reading
Category Archives: HR Compliance
Subscribe to HR Compliance RSS FeedEx-Employees Accessing the Company’s Computer System
Posted in HR Compliance, Laws & RegulationsA departing employee accesses the company’s computer system on his way out without authorization and takes data. What remedies can the company pursue? The company can contact law enforcement officials, as that conduct likely constitutes a crime. In addition, the company can file a civil complaint in court against the ex-employee, asserting claims such as trespass,… Continue Reading
Electronically Monitoring Employees?
Posted in HR Compliance, Laws & Regulations, Social Media, Workplace TrendsWhat should a company consider in deciding whether to engage in electronic workplace monitoring of employees? Companies, concerned with the abuse of workplace technologies, are increasingly considering electronic monitoring programs. Motivating considerations include the prospect of liability for sexual harassment lawsuits arising from inappropriate emails or web site usage, concerns about employee transfers of proprietary… Continue Reading
IRS Health Care Regulations Released
Posted in Employee Benefits, HR Compliance, Laws & Regulations, Workplace TrendsThe IRS has released final regulations on how the new health care law defines “affordable” coverage. Generally speaking, workers must have access to affordable health care from their employers, or the employer faces a penalty. The IRS regulations now make clear that the government will deem a plan affordable so long as the individual worker’s… Continue Reading
At-Will Disclaimers and the National Labor Relations Act
Posted in Employment Discrimination, HR Compliance, Labor Law & NLRB, Laws & Regulations, Workplace TrendsAlmost every nonunion company’s employee handbook has the standard clause: employment is at-will. This indisputably is a permissible term of employment, right? The answer to that question depends on how the policy is phrased. According to recent pronouncements from the NLRB, if a “reasonable employee” could read such a policy as making unionization futile, then… Continue Reading
Harassment Policies Should Be Translated
Posted in Employment Discrimination, HR Compliance, Sexual HarassmentMost companies know that it is critical to have a harassment policy. The U.S. Supreme Court has held that an effective harassment policy can help an employer avoid liability, where the policy is communicated to employees but the employees fail to follow the policy’s complaint procedure. The communication and content of the policy is essential… Continue Reading
Maryland Password Protection Law Takes Effect
Posted in Employment Discrimination, HR Compliance, Laws & Regulations, Social Media, Workplace TrendsOn October 1, 2012, Maryland’s first-in-the-nation law prohibiting employers from requiring – or even requesting – that employees provide pass codes to personal websites and devices took effect. Colloquially, this is the “Facebook Privacy Right.” Employers that fail to hire an applicant or discipline or discharge an employee for refusing to disclose a personal pass… Continue Reading
Latest NLRB Decision on Employer Overbroad Confidentiality Policies
Posted in HR Compliance, Labor Law & NLRB, Laws & Regulations, UnionsDo you think it could possibly violate any law to require at-will non-union employees to sign a confidentiality agreement prohibiting disclosure outside the company of information relating to customers, marketing procedures, costs, prices, business plans, computer and software systems, and “personnel information and documents?” If you answered “of course not!” you would be WRONG under… Continue Reading
Religious Accommodation in the Workplace
Posted in Employment Discrimination, HR Compliance, Laws & Regulations, Workplace TrendsAn employee has requested a religious accommodation – do you need to grant it? Federal and state anti-discrimination laws require employers to provide reasonable accommodation for the religious practices and beliefs of employees, but relieves companies of the obligation if doing so will cause an undue hardship on the business. Accommodations might include modified schedules, such as exempting… Continue Reading
Maryland Passes Facebook Protection Law
Posted in HR Compliance, Laws & Regulations, Legislative Developments, Social MediaMYOB about my Facebook Page!! That is what the Maryland General Assembly said when it recently passed legislation barring employers from requiring employees or applicants to turn over passwords needed to access social media and other private websites. Governor Martin O’Malley is expected to sign the bill, which will take effect on October 1, 2012. … Continue Reading
Highmark CEO Case Shows Danger of Workplace Relationships
Posted in Employment Discrimination, HR Compliance, Litigation, Sexual Harassment, UncategorizedA cautionary tale about workplace relationships comes out of Pittsburgh this week The sordid story involves the – now former – CEO of Highmark, 58-year-old Dr. Ken Melani. A well-respected figure in the community, Dr. Melani was riding high – CEO of a major, national company, and a $4.3 million dollar salary to boot. But,… Continue Reading
Independent Contractor Status
Posted in HR ComplianceEmployers and individuals often seek to call their relationship contractor/independent contractor — not employer/employee. Courts are increasingly resistant to such artificial designations. The Federal Court in Maryland, in a lawsuit claiming overtime pay under the Fair Labor Standards Act, ruled on January 18, 2012 that independent contractor status did not apply to an installer of doors, windows, and siding. … Continue Reading