Double wrong-doing: Another case of bad HR

I have been in HR for a long time and I have seen many errors. Every company I worked for, however, knew that nonexempt workers were owed overtime at the rate of time-and-a-half for all hours worked over 40 hours in the week. As a result, I usually chalk up incorrect payment of wages to …

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Christmas Party Harassment Ends a Career

With all the headlines about harassment today, I thought I would republish this story of how harassment at a company Christmas party ended badly for an HR manager.   There is no lack of horror stories associated with holiday parties. Since this is the Monday before Christmas I will tell you a short one that ended …

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Another case of “bad” HR- Misusing medical information

Prior to the Americans with Disabilities Act being passed in 1990 it was common practice to ask medical screening questions on an application or at least on a separate sheet of paper. However, with the passage of that law 27 years ago it became illegal to collect medical information or have an applicant take a …

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Yes! Interactive means Interactive and not just once!

Under the ADAAA (Americans with Disabilities Act Amendments Act) there is a requirement that employers have interactive discussions with employees about their needs for accommodations in performing their jobs. My Miriam-Webster dictionary defines interactive as “mutually or reciprocally active” which implies a back and forth discussion. That is also what the EEOC defines as interactive. …

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Another case of Stupid HR

Just a reminder this is not the HR function. This is about human resources actions done without thought. This happens in a small business on occasion and especially if a husband and wife work in the business together. The situation A chiropractor hired a woman to be a massage therapist for his chiropractic practice. She …

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An HR lesson in FBI Director Comey’s firing

Unless you have been at the bottom of the ocean or on Mars, you know that James Comey was fired by President Trump. Comey was the FBI Director and found out about his firing while on a trip. It was announced on TV and he saw it announced by a news station while making a …

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One HR lesson from the United Airlines fiasco: Always act as if you are being recorded

Everyone is undoubtedly aware of what this fiasco is about. It made both national and international news. United Airlines suffered significantly in the stock market, dropping $1.4 BILLION after the event. What was the major catalyst for this loss and the resulting bad public relations? Video and social media! Twenty years ago this might not …

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This is the kind of business owner that cartoons lampoon and employees hate

Here is what happens when an employer engages in illegal wrongdoing with the Fair Labor Standards Act. They get fined $2 million! The guilty party The guilty party is a Mexican restaurant chain in Tulsa, Oklahoma. The owner was accused of the following, according to Erin Dougherty Foley and Craig Simonsen , of Seyfarth Shaw: …

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A story of sexual harassment and bad HR

Firing an employee because it is in her best interest is never a good reason to terminate someone involved in a sexual harassment situation. It leads to something called “retaliation” which makes the lawsuit even more complicated. Lawsuit filed The EEOC claims that a plastics packaging company fired a female employee when she complained about …

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HR manager can be held personally responsible for FMLA interference

Dragging your feet in responses to employees can land you in significant “hot water”. A New York federal court found an HR manager personally responsible for how an employee was dealt with in an FMLA case. Lack of response Initially in this case the HR manager did provide the employee with FMLA instructions for dealing …

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