Human Resources

During a recession, every organization seems to face its own unique HR challenges, and that's leading to creative solutions and new ways of thinking. Here are five best practices that can help comp and benefits pros make changes that contribute to their organizations' survival.

You have to handle plenty of serious employee gripes about benefits and harassment. But as shown by a new CareerBuilder survey of 2,600 HR pros and hiring managers, you also have had to deal with some truly offbeat complaints. For example:

Employees are entitled to a workplace free of discrimination. That includes having equal access to training. In recent months, several lawsuits have been triggered because supervisors allegedly favored certain employees for training opportunities at the expense of other employees who belong to a protected category.

Q. An employee called in sick but did not provide any information, other than that he was sick and would not be at work. He didn’t mention the FMLA by name. Was his phone call sufficient notice that he might need FMLA leave?

These days, organizations have to do just as much (or more) with fewer employees. That may mean employees' job duties and responsibilities change frequently. But be aware that such changes could alter the person's classification under the Fair Labor Standards Act—and open you up to an overtime lawsuit.

The U.S. Equal Employment Opportunity Commission is accusing Norfolk Southern Railway of sex discrimination in a lawsuit filed recently in Maryland. The lawsuit says Norfolk Southern supervisors deprived a female employee of an opportunity for the training she would need to be promoted to a yardmaster.

Q. How do bonuses affect the overtime rate calculation under the Fair Labor Standards Act?

Contract truck drivers in Charleston, W.Va., are suing CSX Transportation after accusing the railroad company of paying them less than minimum wage.

A survey by consulting firm Watson Wyatt indicates more employers are loosening the compensation purse strings, even as employees will probably bear higher health benefits costs. According to the survey conducted in August, 44% of employers plan to reverse pay cuts made during the economic downturn.

Employers that need seasonal employees often rely on foreign workers to fill those slots. Workers from other nations must apply for an H-2B visa before coming to the United States to work. Until now, the 5th Circuit Court of Appeals had not yet decided whether expenses related to H-2B workers' travel to the United States had to be reimbursed by the employer. It has now decided that they do not.

Q. I recently discovered that an employee who handles my company's accounts receivable has filed for bankruptcy. Can I discharge this employee?

For years, employers have grappled with what sexual harassment is and what it isn't. Lost in the debate is the fact that a workplace is just that—a place where work is supposed to be done. Here's a good way to end the arguments about what is sexual harassment and prevent potential problems down the line: Implement a policy that clearly bans sexual banter.

Are you considering ways to weather the current economic storm? Perhaps you can cut some benefits, at least for new hires and maybe for current employees, too. For example, nothing in California law (or federal law, for that matter) requires you to offer vacation time or pay.

Employers are required to reasonably accommodate employees' religious beliefs. That can include adjusting work hours, such as not scheduling employees to work on worship or holy days. Never punish an employee who tells you he must miss work for religious reasons unless you have considered possible accommodations.

Q. One of our employees is out on workers' comp. Our contract says "no sick time will be lost or deducted while employees are out on workers' comp. But now he wants to know if he continues to accrue sick time and holiday pay while not working. Does he?

The EEOC has sued the New Hanover Regional Medical Center over its policy of refusing to hire people who take legally prescribed narcotics. The lawsuit alleges the policy violates the ADA because the center is regarding all employees taking prescription narcotics as disabled when they are not.

According to a survey by accounting firm Grant Thornton, 29% of companies have reduced or intend to otherwise modify their contributions to employees' 401(k) accounts. Of those employers, two-thirds have eliminated matching contributions altogether.

Do you feel like labor unions have made a come back with the recession? Make sure not to harass employees about their involvement or support concerning labor unions.

Many companies are having money issues, but make sure not to subject your employees to unfair working standards.

Sexual harassment is a big deal, but being overly friendly isn't considered sexual harassment. Know the definition of sexual harassment before you create an unnecessary lawsuit.