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human resource management

Questions and Answers of Human Resource Management

What are some ways of handling conflicts between work schedules and religious obligations?
An activities aide worked at a private, for-profit nursing home. Her job responsibilities included reading newspapers to residents, playing games with them, performing a nondenominational devotional
A receptionist at a medical office was required to wear a new name badge. The back of the badge listed “Our Ten Commandments”—a set of office rules. The woman, who is a Catholic and takes her
In 2007, Oregon enacted a law providing legal recognition to same-sex relationships as domestic partnerships. An employee in a county clerk’s office asked to be excused from having to register
An unmarried teacher at a Catholic school ws terminated after she revealed that she was pregnant by artificial insemination. The teacher, who is not Catholic herself, taught computer science. She did
An employee had an afternoon medical appointment to receive treatment for some chronic medical conditions. He was granted FMLA leave for the appointment. The parties now dispute whether the leave was
How should situations where employees need to take frequent intermittent leave be handled?
An employee was hired and began work on August 25, 2005. His fiance unexpectedly went into labor on August 8, 2006. The employee notified his supervisor of the situation and requested to use several
Comment on the legality of this employer’s leave policy. What might a more legally sound leave policy look like?
In September, 2007, Lichtenstein was transferred to UPMC’s medical center in Braddock, PA, and was fired 4 months later. Because this was a new position for her, Lichtenstein was subject to a
Paula Crawford appealed the District court’s grant of summary judgment in favor of Chase Bank on her FMLA interference and retaliation claims. She began her career in banking working for a
A night dispatcher for a trucking company with several hundred employees took medical leave to recover from a serious operation for a heart problem. He had worked at the trucking company for a number
An employee who is expecting a child is eligible and makes a timely request for parental leave. Draft a letter responding to her request for leave and notifying her that it will be considered FMLA
The plaintiff is a police officer who was also in the Army Reserve. He was informed in October 2003 that he was being deployed to Iraq. He told the police department on the same day. While in Iraq,
A financial advisor at a securities firm was also a member of the United States Air Force reserve. He was called to active duty following 9/11. At the time of his activation, he was managing 237
Would you advise employers with multi-lingual work forces to adopt English-only rules? Under what circumstances?
A taxi company instituted an English-only policy for its dispatch office. All of the employees spoke English, although some spoke Spanish as well. The memo announcing the policy stated that “there
An airline customer service representative had the following attendance record: In 1994, she took five weeks of medical leave to recover from a broken toe; in 1995, she took three months of parental
Should pregnant employees be entitled to reasonable accommodation regardless of whether they would be considered disabled under the ADA?
Gotham Registry is a staffing agency that provides hospitals with nurses. It was required to pay nurses overtime pay. However, the hospitals that used its staff did not always pay the agency extra to
Crews of operators at a company that services and drills natural gas wells work twelve-hour shifts for seven consecutive days, followed by seven days off. The operators were scheduled to work from
A compensation consultant recommends that a restaurant do the following:1) Keep accurate wage and hour records and retain them for at least a year; 2) Pay table servers $2.13/hr and require them
The plaintiff was a loan underwriter. Underwriters approve loans to customers, subject to strict guidelines established by the bank. He alleged that he frequently worked more than 40 hours per week
Pipe fitters working for a fire sprinkler company made daily trips to the company’s warehouse to retrieve tools, equipment, and supplies that they needed for the jobs they were working on that day.
To properly comply with the FLSA’s overtime pay requirements, how should employers deal with performance-based bonuses earned on an annual basis?
The plaintiff, a female computer programmer, was hired as a Data Analyst with a salary of $46,000 per year. She had a bachelor’s degree in mathematics and nearly 7 years of programmer experience.
A wholesale food distributor employs night shift “captains” at its warehouses. Captains are paid salaries of $700 per week. Each captain supervises a team of three to six “pickers.” These are
How should employers who need employees to be on-call structure these arrangements to conform with the law while minimizing overtime liability?
A female worked for a city government as an “HR Analyst – classification and compensation.” She earned a salary equivalent to $31.01 on an hourly basis. A male HR Analyst working for the same
Construction workers were hired to complete a building project at the Miami International Airport. In order to get to the work site, the workers had to pass through a security checkpoint and then
A human resource manager earned an annual salary of $41,548. She was promoted to a different position paying $45,600. Her replacement, a male, was hired from outside the company at $62,500. The
Plaintiff Helton began working for AT”&T in 1980. In April 1997, she book paid vacation time, and after that was exhausted, an unpaid leave of absence fro AT&T to open a home-cooking
An employee with a history of coronary artery disease underwent a difficult operation for her condition. Several weeks later she was re-hospitalized, suffering from a severe staph infection in the
Following a corporate merger, an employee received several written communications from the company stating that the date of first service that would be used in computing his pension benefit was 1980.
The administrator of a group health insurance plan reports the following: 1) An employee has informed us that his divorce has been finalized. At his request, we have changed him to individual
Two union locals merged. Both had defined benefit pension plans. The details of the plans differed, including whether lump-sum distributions of benefits were allowed. Following the merger of the
In 2000, the Ford Motor Company “spun off” its automotive parts subsidiary Visteon. This resulted in the transfer of some salaried employees from Ford to Visteon. In 2006, Visteon transferred
Suppose that you are an employer with 110 employees and a group health plan. How will the new health insurance law affect you? Is it worth your while to avoid making changes that affect the
Current and former employees of ABB, Inc. who participated in two ABB retirement plans governed by ERISA sued, alleging breach of fiduciary duties of the plan’s administrators. The trial court
An employee was terminated in the aftermath of a change of ownership at a company, The employee’s wife had breast cancer at the time and he wanted to maintain health insurance coverage for the two
What specific steps should employers take to administer continuation of health insurance under COBRA?
Would you recommend that an employer with a 401(k) plan automatically enroll all of its employees in that plan? If so, how should this be done?
A county government decided to establish a wellness program for its employees. The program included completion of an online health risk assessment question aire and a bio-metric screening including
During bargaining over a new contract, the company presented demands for smaller wage increases, discontinuation of its 401(k) contributions, and elimination of company-provided meals. When the union
How should employers respond to strikes? What factors should employers consider in deciding how to respond?
What does the McWane saga tell us about the limitations of each of the following as means of protecting the safety and health of employees?
A long-time employee received a negative performance appraisal after some other employees and a customer had complained about him. The employee was presented with the choice of either retiring with a
Shelley Evans-Marshall was a high school English teacher. She assigned Ray Bradbury’s Fahrenheit 451 to her ninth graders. To explore the book’s theme of government censorship, she distributed a
A beverage distributor announced that it was consolidating its operations and closing one of its unionized facilities. The union subsequently entered negotiations with the employer over the effects
How should employers with employee-involvement programs structure those programs so as to not run afoul of the NLRA?
A.) A manager hears from a supervisor that a union organizing campaign is underway in his company. The manager hastily contacts his attorney. He receives the following advice:1) Identify the “ring
MasTec installs and maintains satellite television equipment under contract with satellite television providers like DirecTV. It was advantageous to MasTec and its contract companies to get customers
During a union organizing campaign, two employees eating lunch in the dining room asked other employees whether they would like to sign cards indicating their support for the union. The
What kind of distribution/solicitation policy would you recommend that an employer adopt? Regarding e-mail use? What are the potential consequences of adopting highly restrictive policies?
Employees of RELCO began to discuss forming a union, to which RELCO was adamantly opposed. There began a series of interactions which ultimate led to the firing of four employees, all of whom had
A union organizing campaign was underway at a company that makes parts used by auto manufacturers. A high company official held monthly meetings with workers. Statements made during these meetings
How should an employer respond to a request for voluntary recognition by a union? Are there any advantages to an employer of using the card check procedure and remaining neutral?
A union and employer engaged in negotiations over the replacement to an expiring labor agreement. At the outset of the negotiations, the company’s negotiator informed the union that the company
During an organizing campaign that included the distribution of literature by union organizers outside of a grocery store, the store manager received some complaints from customers who objected to
A union member was terminated. The union filed a grievance on his behalf. Believing that the employer might have fired this employee while retaining other employees who had committed comparable
A trench collapsed at a construction site, causing the death of one employee and serious injury to another. The trench was 10-12 feet deep, 3-4 feet wide at the bottom, 13 feet wide at the top, and
Outside of a Wal-Mart store in Valley Stream, New York, some 2,000 eager shoppers had been gathering for hours in the cold and dark as they awaited the store’s 5 AM opening for its
How should employers respond to OSHA inspections?
On February 24, 2010 Sea World trainer Dawn Brancheau was killed when a killer whale dragged her off a platform during a performance before a live audience at Sea World in Orlando, Florida. Brancheau
A police officer drowned while saving a 12-year old boy who had fallen into a fast-moving river. The officer was able to save the boy’s life but suffered an injury in the process and lost his own
A young employee of a fast food restaurant injured himself and two other employees when he placed water in a pressurized deep fryer in an attempt to clean it, heated the water, and then opened the
A woman worked out of her home full time in accordance with a long-standing telecommuting arrangement with her employer. On the day in question, she had been working and stopped to make some lunch.
What should an employer do when an injury occurs in the workplace? How should accidents be investigated?
Employee Rodriguez injured herself at work after falling down a flight of stairs. The stairs were not slippery or obstructed in any way. Rodriguez did not trip, slip or lose her balance, and
Three emergency medical services employees were returning to their office in an ambulance after having had lunch. An EMT in the rear of the vehicle turned on the power to a manual cardiac
Rachells, a Cingular wireless salesman, consistently sold more and received sales awards and accolades than any of his colleagues between 1999 and 2003. In 2004, Cingular acquired AT&T Wireless
An employee was diagnosed with bipolar disorder. Following a period of leave after an “emotional breakdown” at work, she informed her supervisor and co-workers of her condition and asked for
How should employers deal with situations in which performance problems might be related to employees’ disabilities?
A company’s manual for its supervisors instructs the following regarding performance appraisals:“Conducting performance appraisals is a very important part of your job as supervisor. Be sure to
The plaintiff was a 48 year old assistant store manager who had worked for the company for 17 years. He was denied promotion to a store manager position on several occasions. Younger employees, some
Over a four-year period, a high-level manager received consistently positive performance reviews from her direct supervisor, earned bonuses, received sizable annual salary increases, and was promoted
Would you recommend that an employer use a forced distribution approach to performance appraisal? What are the pros and cons?
A new employee who joined the work site one week after the start of the project, was not given the safety training that the others received, especially with regard to high-voltage power lines. As the
A woman who was born without a left arm below the elbow has a job that includes entering data relating to a scanned image into a computer, preparing papers to be scanned, maintaining a copy machine,
Would you advise an employer to use training contracts? Under what circumstances? What might such contracts look like?
Plaintiff, who was born missing a left hand, applied at the school district for a job as a cook, but was persuaded to apply to become a school bus driver, as they needed school bus drivers. The
An African-American woman worked as an elevator construction “helper.” She aspired to become a “mechanic.” In order to become a mechanic and earn much higher pay, she had to successfully
Injury rates, and particularly fatal injuries, are especially high for Latino workers. What are some things that should be done to make training and other safety measures more effective for this
An employer, suspecting that one of his employees (Miller) was engaging in conduct detrimental to the operation of his office installed a camera to watch her, first in the reception area, then in the
An employee with attention deficit hyperactivity disorder (ADHD) applied for a job and was hired, conditional on his satisfactory completion of a pre-placement medical screening that included a
What might a workplace privacy policy look like? What issues should it address? What should it say about those issues?
Plaintiff worked as a nurse and paramedic for MONOC. A coworker, Ronco, who was a Facebook friend of Plaintiff, took snapshots of her FB postings, and sent them to their manager, Caruso. When a
The director of a residential facility for neglected and abused children learned that pornographic web sites had been viewed from at least two computers in the facility during the night. The facility
How, if at all, should employers go about monitoring the Internet activities and other computer use of employees?
An employee with only a month or two on the job became confused about how to conduct a particular transaction. To mollify a customer who had become irate, the employee gave the customer an
An employee was issued a Blackberry by her employer. She was told that she could use it for both work and personal e-mail the employee had a Gmail account that she used for personal communications.
Who should conduct workplace investigations? What are the pros and cons of using internal versus external investigators?
Under what circumstances should employers bring suspected criminal conduct by employees to the attention of law enforcement authorities?
A woman worked in a dentist’s office as a dental assistant. One morning, she walked into the hallway in the office and saw the dentist with his pants down and masturbating. Another female working
Should employers offer employees the choice between resigning or being terminated? Under what circumstances?
A human resource manager offers the following advice regarding terminations: 1) Tell them that they are going to be fired immediately, but that you will let them resign instead so that it will
After about a year working as a “charge-back analyst,” an employee was approached by managers about applying for a “sales administrator” position that would soon be vacant. She was reassured
Following a change in the composition of the school board, the finance coordinator for a school district was reassigned to the (newly created) position of food services assistant. As finance
Should employers issue employee handbooks? If so, how should handbooks be constructed? Disseminated to employees?
A marketing employee of a nursing home observed her supervisor and another coworker forging documents to indicate that staffers of the nursing home had received dementia-specific training, which they

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