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Seasons 52 Settles $2.85M Hiring Discrimination Lawsuit

EEOC focusing on tough-to-prove age bias against older job seekers Recent high-profile cases alleging bias against older job applicants were based on campus recruiting programs and online recruitment campaigns, new territory for litigation. But the settlement this month between the U.S. Equal Employment Opportunity Commission (EEOC) and the Seasons 52 restaurant chain indicates that the more…

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Some States Limit Noncompetes, Others Work to Ban Them

Several states have recently enacted modifications to their respective noncompete laws or have legislation in the pipeline. Most continue the trend of limiting enforceability of noncompetes, which are agreements between an employee and employer where the employee agrees not to enter into competition with the employer following the employee’s termination of employment. A couple of…

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Taking Advantage of Your Summer Break – Revisit, Refresh, and Review

Handbooks. The mere mention of the company handbook typically sends HR professionals into a furious search for any project other than the company handbook. Sorry, I can’t work on the company handbook, I have to watch the paint dry in my office. For this reason, beyond passing them off during perfunctory onboarding, handbooks typically get…

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Don’t Oversimplify Acknowledgments of Harassment Training

Signatures of attendance alone are not enough for some employers Employees’ acknowledgments that they’ve attended anti-harassment training should document more than attendance; they should also show that workers understood the training’s contents, some legal experts say. Most employers just get a signature and that’s it. Following the #MeToo movement, we recommend employers consider an acknowledgment…

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Reinstatement after Deployment: An Employer’s Obligation to Reemploy Returning Military Personnel

Do you employ military personnel? If so, you need to know your obligations regarding reinstatement when your employee returns from military leave. The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) governs these situations. Reinstatement under USERRA works differently than reinstatement under the Family and Medical Leave Act or the Americans with Disabilities…

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How to Establish a Performance Improvement Plan

A performance improvement plan (PIP), also known as a performance action plan, is a tool to give an employee with performance deficiencies the opportunity to succeed. It may be used to address failures to meet specific job goals or to ameliorate behavior-related concerns. Outcomes may vary, including improvement in overall performance; the recognition of a…

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For Employer, Paid Administrative Leave Is Not Always A Safe Harbor

A recent ruling from the U.S. District Court may surprise employers who order paid administrative leave for employees being investigated. The lesson of the case is that, depending on circumstances, paid administrative leave might constitute a materially adverse employment action sufficient to prove an unlawful retaliation claim against the employer. Judge Rya W. Zobel issued…

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DOL Issues Opinion Letter On What Constitutes Work Time When Employees Travel

On April 12, 2018, the US Department of Labor’s Wage & Hour Division (WHD), issued an opinion letter, FLSA2018-18, responding to an employer’s request for guidance concerning its obligation to compensate employee travel-time under the Fair Labor Standards Act. The WHD begins the opinion letter by re-affirming several basic principles: Compensable time generally does not…

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Is ‘I’ve Changed Meds’ an Accommodation Request?

An employee who’s questioned about fighting with co-workers, sudden tardiness or a dip in performance may explain, “I’ve changed medications. Even an assertion this simple should be treated as a notice from the worker that a reasonable accommodation might be needed under the Americans with Disabilities Act (ADA). A worker doesn’t have to use any…

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Who Are You?: The Legal Implications of Employee Personality Testing

Many employers require employees and applicants to take personality testing (think Meyers-Briggs). Others are seriously considering adding this as a component of their hiring and employee engagement efforts. Companies want to get a sense of an individual’s opinions, attitudes, feelings, motivations, preferences, interests, emotional makeup, and style of interacting with others. This information, some believe,…

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