Do an HR audit at the start of each year Today's protection against tomorrow's employment law claims is a human resources audit. An audit is essential to keep the firm's employment processes accurate and current – and also followed, says Joseph Godwin, human resources consultant for F&H Solutions Group in Ashville, NC. The audit needs to be done every year, because with … [Read more...] about How to protect your practice against costly FLSA and EEOC claims
Hiring & firing
Why it pays to enforce the “little” rules that your staff often ignore
It’s enforcing the little rules that spells the difference between a professional office and one that is not so professional. The seemingly minor rules are what create a culture that attracts and keeps top staff. What are they? They are the guidelines for behavior elements such as personal phone calls, dress, attitude and adhering to working hours. Violations won’t cause the … [Read more...] about Why it pays to enforce the “little” rules that your staff often ignore
Model Policy: Progressive discipline and employee termination
Why you need this policy: There's no point in having any policies, procedures, and standards unless you're prepared to discipline employees who disobey them. The problem is that discipline is not only unpleasant but likely to result in some form of legal grievance, especially if the employee belongs to a union. That means you'll end up having to defend your action before an … [Read more...] about Model Policy: Progressive discipline and employee termination
HR law and employee social networking
Can you discipline employees for social networking offenses? Answer: It depends. Explanation: Frittering away time, disclosing patient records, bad mouthing the practice and other offenses are grounds for discipline when they occur "off line." So why should it make a difference if employees do these things online while social networking? In theory, it shouldn't. The … [Read more...] about HR law and employee social networking
Employees fired for social networking offenses
Here are a few examples of cases in which a court or arbitrator upheld the decision to fire an employee for social network abuses. Note that the existence of a clearly written, specific social networking policy was a factor in each of these cases: OK to fire employee for: Why termination upheld: Disparaging Co-Worker in Blog: Nurse makes highly … [Read more...] about Employees fired for social networking offenses
Two ADA surprises: odd disabilities and legal fees that can hit the sky
First, what the firm may not think is a disability could well be one. Second, the ADA applies to access to public places such as stores and restaurants – and law offices. And while it "has a noble purpose," along the way "it's been hijacked by a subset of plaintiffs who have made it their life's work to target as many public accommodations as possible for monetary gain," says … [Read more...] about Two ADA surprises: odd disabilities and legal fees that can hit the sky
To understand employees, understand their generations
To a great extent, managing staff (and also understanding the partners) depends on recognizing where each person stands in the generational scale. Here’s how the generations from the beginning of the 20th century differ as employees. • The Lost Generation (born 1883-1900). These are the people who fought in World War I. • The Greatest Generation (born 1901-1924). This is the … [Read more...] about To understand employees, understand their generations
Beware Lilly Ledbetter; it extends the time limit for unfair pay claims
A relatively new law that all but eliminates the statute of limitations on equal pay lawsuits for women brings yet more employment law concerns administrators need to be aware of. It’s the Lilly Ledbetter Fair Pay Act. Employers can expect an upswing in claims that their female employees are underpaid, says Denise Murphy, an employment law attorney with Rubin and Rudman in … [Read more...] about Beware Lilly Ledbetter; it extends the time limit for unfair pay claims
Today’s growing insurance need: EPLI coverage
It’s becoming increasingly necessary for all firms, yet only about 50% have it. It’s employment practices liability insurance. EPLI is coverage for claims brought by disgruntled employees, and in the current “downsizing environment” it’s a necessity, says Uri Gutfreund, specialist in law firm insurance at Singer Nelson Charlmers in New York … [Read more...] about Today’s growing insurance need: EPLI coverage
Retaliation gets broader and more expensive and is hitting all offices
What’s the single greatest employment law risk employers are facing? Retaliation. The EEOC reports that retaliation claims have been on the upswing for 10 years and now sit at the top of the list of employment law matters. Heightening the issue is the fact that an employee can cry retaliation – and the firm can have to pay out a lot of money – even if the complaint … [Read more...] about Retaliation gets broader and more expensive and is hitting all offices