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Human Resources Management Articles - Compliance Experts on FMLA, FLSA, FCRA, ADA, Wage and Hour since 1972.

HR Matters newsletter is a quick and easy way for you to stay on top of employment law compliance. This monthly, 8-page 'bottom-line' publication is available by subscription - or - if you subscribe to our manual or CD service, you get it for free.

Below is a list of the topics we cover, followed by a list of articles arranged by topic. You can either click on a topic to advance to that section of the list of articles or scroll through the list. To see a complete list of the articles we have published in HR Matters newsletter, click here. Look for new articles twice a month.

Attention Editors: If you would like to reprint any of the following articles in your publication, please click here to contact us for permission.

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Topics Covered

ADA
Affirmative Action
Benefits
Coaching
Discipline
EEOC
Exempt and Nonexempt Employees
FCRA
FLSA
FMLA
Hiring
HR Policies
I-9
Independent Contractor

INS
Interviewing
Leave of Absence
NLRA
PDA
Personnel Records
Pregnancy
Resignation
Sexual Harassment
Termination
Title VII
Wage and Hour
Workers' Compensation
Wrongful Discharge

ADA
ADA Case Helps Clarify Independent Contractor Status ADA Does Not Protect Insubordinate Employees ADA Is No Shield For Employees Who Drink At Work The ADA and Preemployment Medical Inquiries: A Prescription for Compliance Court Sheds Light on Medical Exams under the ADA Employers Win Most ADA Claims The FMLA and ADA Puzzle: Putting the Pieces Together Limited Leave Policies Do Not Violate ADA New ADA Guidelines Address Post-Employment Medical Inquiries Pregnancy-Related Complications May Require ADA Accommodation State Workers Not Protected under ADA Employment Provisions A Step-by-Step Guide to ADA Accommodations Stress-free Workplace Is Not a Reasonable Accommodation under the ADA Supreme Court Allows SSDI Applicant to Sue Employer under ADA Supreme Court Declares Asymptomatic HIV a Disability Supreme Court Limits Scope of ADA Coverage Termination for Absenteeism May Not Violate the ADA
Affirmative Action
Do All Employers Have to Have a Written Affirmative Action Plan? Proposed Rules to Make Affirmative Action Easier
Benefits
Cafeteria Plans: More Choices for Employees COBRA: Don't Let the New Rules Bite You Employee Retention Programs Can Create Big Impact, Even without a Big Budget Ordinary Negligence is Not Gross Misconduct under COBRA PTO Banks Can Provide Flexibility in Your Workplace Survey Shows Traditional Benefits Still Most Popular
Coaching
The Coaching Wave: Are You in the Game?
Discipline
ADA Does Not Protect Insubordinate Employees Aggressive and Progressive: A Disciplinary System That Works Inconsistent Discipline Can Result in Discrimination Claims Withholding Pay as Discipline
EEOC
EEOC Clarifies Age Waiver Requirements EEOC Guidance Explains Liability for Supervisor's Harassment EEOC Issues Guidance on Retaliation Claims New EEOC Guidance Explains Reasonable Accommodation Your Legal Obligation to Temporary Agency Workers
Exempt and Nonexempt Employees
Calculating Overtime Pay with Vacations and Holidays Court Clarifies FLSA's Administrative and Professional Exemptions Court Rejects Disciplinary Deductions from Exempt Employee Pay Exempt Employees and the Partial-Day Absence Dilemma Exempt Status: Understanding the Salary Basis Test Independent Contractors: Correct Classification Requires Knowledge, Patience Paying Nonexempt Employees for Travel Time to Seminars or Training
FCRA
New Obligations under the FCRA Confuse Employers: Are You in Compliance? Sexual Harassment Investigations May be Subject to FCRA
FLSA
$14.5 Million Fair Labor Standards Act (FLSA) Verdict: Could It Happen to You? Changing Payday Does Not Violate FLSA Court Clarifies FLSA's Administrative and Professional Exemptions FLSA Cases Provide Practical Guidance on Pay FLSA Roundup: Test Your Wage and Hour IQ
FMLA
Court Invalidates FLMA Rule Extending Eligibility Failure to Provide an Equivalent Position Violates FMLA The FMLA and ADA Puzzle: Putting the Pieces Together FMLA Requires Leave for Care of Adult Children FMLA Trouble Spots: "Serious Health Condition" and " Medical Certifications" Medical Certification Is Key Element in FMLA Cases Navigating the FMLA and Workers' Compensation Maze Recent FMLA Case Underscores Need to Determine Reason for Absences
Hiring
At-Will Relationships Must Be Clear to Your Employees Avoiding the Interview Trap: 12 Topics to Cut from Your Hiring Process Commonsense Actions Can Limit Negligent Hiring Claims Offer Letter Stating Annual Salary Does Not Create Contract Rejecting Job Applicants Risky Business, Part 2: A Primer on Reference Checking Survey Reveals Applicants Stray from Truth
HR Policies
Clear Rules Help Reduce Liability for Improper Use of E-Mail Designing Your Dress Code Policies Exempt Status: Understanding the Salary Basis Test HR Personal Liability Update: How to Protect Yourself HR Practice Tip: Protecting Against Retaliation Claims New Ergonomics Standard Substantially Broadens OSHA’s Reach Telecommuting Growing Pains: Five Tips to Make Your Program Work The Case for Written Policies Reduce the Pain of Performance Evaluations Religious Accommodations: Going Beyond the Law Makes Business Sense
I-9
INS Proposes I-9 Changes to Facilitate Compliance
Independent Contractor
ADA Case Helps Clarify Independent Contractor Status
INS
INS Proposes I-9 Changes to Facilitate Compliance
Interviewing
Avoiding the Interview Trap: 12 Topics to Cut from Your Hiring Process Survey Reveals Applicants Stray from Truth
Leave of Absence
Are We Required to Pay Employees for Time Spent on Jury Duty? Calculating Overtime Pay with Vacation and Holidays Eleventh Circuit Strikes Down FMLA Notice Requirement Exempt Employees and the Partial-Day Absence Dilemma FMLA Requires Leave for Care of Adult Children Limited Leave Policies Do Not Violate ADA Military Leave Recent FMLA Case Underscores Need to Determine Reason for Absences
NLRA
Employers Beware: NLRA Protects Nonunion Activity, Too NLRA Claims Surprise Nonunion Employers: Are You in Compliance? NLRB Gives Nonunion Employees Right to Representation in Investigations
PDA
Pregnant Employee Not Entitled to Light-Duty Position
Personnel Records
Allowing Employees Access to Personnel Records
Pregnancy
Pregnancy-Related Complications May Require ADA Accommodation Pregnant Employee Not Entitled to Light-Duty Position

Resignation
Exit Interviews: Constructive Feedback, Smoother Transitions Is Employer Obligated to Pay for Two Weeks after Notice if Employer Requests Employee Leave Now? Rescinding a Resignation Retention Survey Shows Reasons Employees Quit
Sexual Harassment
EEOC Guidance Explains Liability for Supervisor's Harassment Employee Complaint to Department Head Qualifies as Notice to Company of Sexual Harassment Employers Beware: You're Liable for Harassment by Customers, Too Internal Investigations: Fairness is Key to Success Making Your Harassment Policy Work Sexual Harassment Investigations May be Subject to FCRA Supreme Court Rules on Sexual Harassment by Supervisors: Should You Revise Your Policies? Supreme Court Rules Same-Sex Harassment Is Prohibited under Title VII Tips For Investigating Sexual Harassment Employee Complaint to Department Head Qualifies as Notice to Company of Sexual Harassment
Termination
EEOC Clarifies Age Waiver Requirements Exit Interviews: Constructive Feedback, Smoother Transitions Is Employer Obligated to Pay for Two-Weeks after Notice if Employer Requests Employee Leave Now? Supreme Court Makes Discrimination Cases Harder to Defend Rescinding a Resignation Risky Business: A Guide to Providing References Ten Tips to Prevent Termination Headaches Termination for Absenteeism May Not Violate the ADA Use At-Will to Defend Your Policies, Not as a Reason to Terminate
Title VII
Inconsistent Discipline Can Result in Discrimination Claims Internal Investigations: Fairness Is Key to Success No Surprise: Potential Jurors Don’t Trust Employers Religious Accommodation Religious Accommodation Standard Easy to Meet Supreme Court Rules Same-Sex Harassment Is Prohibited Under Title VII
Wage and Hour
Are We Required to Pay Employees for Time Spent on Jury Duty? Calculating Overtime Pay with Vacations and Holidays Can We Require Employees to Receive Their Pay by Direct Deposit? Changing Payday Does Not Violate FLSA Exempt Employees and the Partial-Day Absence Dilemma FLSA Cases Provide Practical Guidance on Pay FLSA Roundup: Test Your Wage and Hour IQ Inclement Weather and Payment for Missed Work Overtime Pay for Two Different Jobs Paying Nonexempt Employees for Travel Time to Seminars or Training Requiring Overtime Supreme Court Clarifies Comp Time Rules When Does a Temporary or Part-Time Employee Become a Full-Time Employee? Withholding Pay as Discipline
Worker's Compensation
Navigating the FMLA and Workers' Compensation Maze
Wrongful Discharge
Ten Tips to Prevent Termination Headaches

Personnel Policy Service, Inc.

159 St. Matthews Avenue

Louisville, KY 40207

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