Employment & Labor Law

Navigating the Bermuda Triangle of Employee Leave

For many employers, dealing with employee absenteeism is the legal equivalent of navigating the Bermuda Triangle. That is because when an employee is unable or unwilling to work due to a physical or mental condition, his employer must address and comply with three major employment laws – the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and workers' compensation laws – each of which serve a different purpose.

Two Questions Can Root Out a Potential Bad Hire

If you’ve ever hired a dud, you might be the problem. A 2013 Gallup report showed a trend the respected polling organization has measured for years: most employees are “not engaged.” In the most recent report, it was 63%. The “actively disengaged” (those who would sabotage their organizations) were counted at 24%.

Most interviewers do a poor job posing questions that root out problem employees. Next time you’re interviewing, try asking candidates the following:

Girls Will Be Boys and Boys Will Be Girls

Although the recent lame duck Michigan legislature failed to add gender identity protections to Michigan law, the Equal Employment Opportunity Commission has prohibited discrimination since 2012 against transgender people. “Transgender” is an umbrella term that includes people who are transsexual, or otherwise gender non-conforming. Not all people who consider themselves (or who may be considered by others as) transgender will undergo a gender transition.  

Paying Employees to Check Email After Hours?

According to recent research conducted by the Pew Research Internet Project, as of January 2014, 58 percent of American adults have a smartphone and 42 percent own a tablet computer. Time spent on mobile devices by the average American consumer currently hovers around 2 hours and 42 minutes per day. For many, much of that time is undoubtedly spent checking and responding to work-related emails. Do employers need to pay employees for time spent after hours reviewing and responding to work-related emails?

She Lied on her Resume for over 30 Years!

High-level corporate professionals are all too often exposed for lying on their resumes.

Usually, these lies and misrepresentations relate to falsified educational or professional accomplishments. For example, a person may claim a Master’s degree in a certain field, but it is discovered they didn’t earn it or obtained one from a phony mail order school. Or, perhaps the person claims to have been a VP of Sales for ten years, but it turns out it was a basic sales position that lasted only three years.

Same-Sex Benefits a Factor in Hiring & Retaining Talent

Same-sex issues and benefits are among the hottest topics in the employment area - with good reason. Employers are faced with an increasing amount of government oversight, investigation and frequent, sometimes, daily changes in what is required, what is optional, and what is prohibited. The consequences of these issues often go beyond just legal compliance, although that is a very important aspect.

Holiday Season is Here, Screen Those Temporary Employees!

If you hire temporary workers for the holiday season (full- or part-time), be sure to complete background checks as if they were applying for permanent positions. After all, even someone working three hours a day can cause irreparable damage to your business through theft, drug sales, workplace violence, harassment, etc. Certainly, you deserve to know if even a part-time worker with limited hours poses a threat to your business.