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Compensation & Benefits

Mandatory overtime and the ADA

06/22/2009

Q. We have an employee who has blood clots in her legs and whose doctor says she can work only 40 hours per week. She knew overtime was required when she was hired. Do we have to let her work a reduced schedule of just 40 hours?

An hour of intermittent FMLA leave? A half hour? 15 minutes? How low can employees go?

06/16/2009

An employee approved for intermittent FMLA leave says she only needs to take an hour this week. Can she take leave in such a short increment? Could she take even less?

Better heed Ledbetter: Audit pay policies to ensure equal pay

06/16/2009

Under the Lilly Ledbetter Fair Pay Act of 2009, each paycheck that unfairly pays a worker less than it should is a discriminatory act. Now is the time to audit your pay policies. Involve your attorneys—to take advantage of attorney-client privilege protection while you correct any discriminatory practices you uncover.

Always consider how jury might see retroactive actions

06/12/2009

The 7th Circuit Court of Appeals has ruled in a long-running case that a jury acted properly when it concluded an employer’s retroactive termination of health insurance violated the FMLA.

Suspect FMLA leave abuse? Tread carefully

06/12/2009

Employees who take intermittent FMLA leave can often cause real problems for employers because they take time off so sporadically. But sometimes you may detect a pattern that indicates the employee might be abusing authorized intermittent leave. Can you fire him?

On-demand leave isn’t reasonable accommodation

06/12/2009

Some employees think that any disability that periodically acts up entitles them to unlimited time off. Sometimes, courts view extra time off as a reasonable accommodation, but there are limits.

Does the Lilly Ledbetter Fair Pay Act protect employees other than women?

06/12/2009

Q. Carlos, a longtime Latino employee, frequently complains that he is paid less than his white, non-Latino counterparts. He blames this pay discrepancy on a previous supervisor who allegedly denied him several promotions in the late 1990s because of his national origin. I have heard about the Lilly Ledbetter Act. Could it affect us in this case?

Should we contest? Fired for poor work, former employee now wants unemployment

06/11/2009

Q. After repeatedly warning an employee about her poor performance, we recently terminated her. At the termination meeting, she complained for the first time that she felt she’d been held to higher standards based on her gender. She has now filed for unemployment benefits. While we don’t think she’s entitled to the benefits, we wonder whether it makes sense to fight her claim. What do you think?

Make sure employees don’t work on breaks; burden’s on them to prove they did

06/11/2009

Here’s a bit of good news for employers trying to make sure they don’t violate the Fair Labor Standards Act: The 8th Circuit Court of Appeals has ruled that employees—not employers—have the initial burden of showing they actually worked during unpaid lunch or other break periods.

Union pact overlaps with state law? Grievance comes first

06/11/2009

Are you a union employer with a collective-bargaining agreement that touches on labor issues also covered by the Minnesota Fair Labor Standards Act (MFLSA)? Then employees can’t go directly to court without first pursuing a union grievance.