From the Editor
Staying Current in HR survey results
With changing laws and regulations and new decisions from a variety of courts, keeping current in HR is a day-to-day struggle. The September 2007 HR Hero Line survey asked readers how they stay on top of what’s new in HR. The following are some of the answers.
- 66% of respondents have 11 or more years of experience in HR or an HR-related field;
- 56% said they did not have a degree in an HR-related field, and only 30% have PHR or SPHR certification;
- 46% said they had $1,000 or less in their personal annual training budget, 17% have $1,001 to $2,000, and 31% have $2,001 or more;
- the top resource selected for keeping current in HR is websites; and
- 49% said they attend 1 to 2 live conferences or seminars each year.
For more on the results of the September survey, go to www.hrhero.com/survey/survey.cgi?staycurrent
Wendi Watts
Web Editor
HR Hero Line
Webeditor@hrhero.com
Feature
Unintended consequences of religion at work
Excerpted from New York Employment Law Letter and written by attorneys at the law firm of Epstein Becker & Green, P.C.
by Lisa J. Teich
Imagine that you are the head of HR at a large financial institution. You recently learned that the front desk receptionist reported to work with a tattoo of a burning cross prominently placed on her chest. When questioned about her tattoo, which is in violation of the company's dress code, she claims it is a religious statement and refuses to conceal it while at work.
Although you strive to accommodate all your employees' religious practices, observances, and expressions, if you accommodate the receptionist's claimed religious statement by allowing her to prominently display her tattoo, you risk both offending employees and clients and exposing the company to a potential hostile work environment lawsuit.
Unfortunately, this hypothetical scenario isn't that far-fetched. Congress currently is contemplating passing bipartisan legislation, which if enacted, could create a conflict between an employer's obligation to accommodate employees' religious interests and its obligation to guard against the abuse of religion in the workplace.
Read on
This Week on HRhero.com
HR Tip of the Week
Back to the future for municipalities in civil rights litigation
by Jonathan Trafimow
A number of years ago, when I worked as an in-house attorney for a major municipality, it sometimes seemed as if my colleagues and I worked inside a legal bubble, cut off from the rest of the legal establishment.
Overwhelmed with a heavy caseload (and underpaid), it seemed hard to look up and see “big picture” legal trends in the civil rights area. I hope this short article is a small step in the right direction.
Too often, municipalities run into the problem that they have to apply their policies in many -- sometimes unforeseeable – circumstances. Given that, it is a near certainty that their policies will be applied in some situations that seem, at first glance, unfair, and which spawn troublesome lawsuits.
Read on
Did You Know...
Some of America's largest employers, from FedEx to IBM, are incorporating MySpace, YouTube, and other social media into the workplace. They're doing so to improve employee communications, boost productivity, and enhance marketplace reputation.
But used incorrectly, these "Web 2.0" tools can be financially devastating to employers. Learn how to reap the benefits of social media while avoiding the legal land mines by participating in the all-new HR Hero audio conference, Blogs, MySpace, and YouTube in the Office: Pros and Cons for HR. In just 90 minutes you'll learn how organizations are using blogs and podcasts to fulfill OSHA training requirements, boost employer branding, and increase employee engagement.
Read on for more information...
Employers Counsel Network (ECN)
Comprised of top-level law firms in all 50 states -- plus Washington D.C. and Canada -- the Employers Counsel Network (ECN) advises and represents employers regarding workplace issues and disputes.
Each ECN firm was selected because of its outstanding reputation in the field of employment law. Attorneys at ECN firms are well known as editors of their state's Employment Law Letter or Federal Employment Law Insider, monthly newsletters for HR professionals and in-house counsel from HR Hero.
Member firms provide legal assistance and representation to employers on a wide variety of issues, including: discrimination; harassment; FMLA; ADA; workers' comp; wage and hour; hiring; firing; layoffs; WARN Act; unemployment benefits; discipline; documentation; investigations; noncompete agreements; arbitration; HR audits; policies and procedures; OSHA; ERISA; HIPAA; COBRA; labor relations, and more.
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Employers in the Courtroom
Troubling FMLA case resurfaces
Excerpted from North Carolina Employment Law Letter and written by attorneys at the law firm of Womble Carlyle Sandridge & Rice, PLLC
The case of Taylor v. Progress Energy is significant because a three-judge panel of the Fourth U.S. Circuit Court of Appeals held that the Family and Medical Leave Act (FMLA) prohibited the waiver of any FMLA claim unless it had prior approval from the U.S. Department of Labor (DOL) or a court.
The ruling created significant legal and practical issues in attempting to obtain the release of employment-related claims.
Just a few months after the case was issued, however, the Fourth Circuit decided that it should be reheard by the same three-judge panel and that the DOL should be allowed to participate to give its view on the correct interpretation of its regulations.
Read on (Subscribers only)
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