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Employment Law

Can we reduce pay for exempt employee who will miss work for intermittent FMLA leave?

04/15/2010
Q. One of our salaried supervisors has informed us that he needs to take two hours off work each week for the next two months to undergo medical treatment. His physician has certified his illness as a “serious health condition” under the FMLA. May we reduce his pay for the time he will miss work, or are we required to continue to pay his full salary to retain his exempt status under the Fair Labor Standards Act?

What are our obligations to prevent employees from accessing Internet porn at work?

04/15/2010
Q. All of our employees have Internet access at their workstations. We have heard rumors that several employees have been visiting pornographic and other inappropriate web sites, and displaying and disseminating objectionable material to others in the workplace. Even though we have not received a formal complaint, do we have an obligation to address this now? What steps can we take to avoid these problems?

Florence company to pay quarry workers for back overtime

04/15/2010
The U.S. Department of Labor has announced that Cobra Stone will pay its quarry workers $364,403 in overtime back wages. The Florence-based company, which produces natural stone for construction projects, will pay the back wages to 169 current and former employees.

Beaumont Autoplex worker files race discrimination suit

04/15/2010
A former employee is suing Mike Smith Autoplex and Group 1 Automotive, claiming he was forced to resign from the Beaumont car dealer because of his race.

Katrina cleanup workers get $1 million in back OT

04/15/2010

The U.S. Department of Labor’s Wage and Hour Division has settled a lawsuit against an Irving-based engineering and construction firm for failing to pay employees assigned to cleanup crews following Hurricane Katrina. The overtime award to the workers: $1 million. Under a consent judgment, Fluor Enterprises, which was the general contractor with FEMA, will pay 154 workers.

SEIU spearheads move to protest Jackson Health cuts

04/15/2010
Carrying signs that read, “Some cuts don’t heal,” Service Employees International Union (SEIU) Local 1991 members along with an estimated 200 doctors and nurses in March protested proposed cuts to Miami-Dade County’s public health services.

State code protects only those who officially report abuse

04/15/2010
Texas nursing home employees who report alleged patient abuse to state authorities are protected from retaliation under the Texas Health and Safety Code—but only if they formally report the problem.

Employees destroyed evidence? You can use it against them

04/15/2010
Most employers know they aren’t allowed to destroy evidence (including e-mail, other electronic communications and records) when a lawsuit is imminent. But what about when an employee who is about to sue the employer destroys evidence? Employers can use that destruction to their advantage in a lawsuit.

Don’t pile on reasons for firing; you’re spoiling for retaliation fight in court

04/15/2010

Let’s say you’ve got one very good reason to fire an employee, plus several other halfway decent reasons. Why not wrap them all into one big package of employee shortcomings when it comes time to show her the door? Because such overkill could play badly in court if the dismissed employee ever sues you.

Understand the fine line between an exempt professional and nonexempt technician

04/15/2010
To save on overtime costs, employers often try to shoehorn employees into Fair Labor Standards Act exemptions. That can be a potentially devastating mistake. This square-peg-in-a-round-hole problem often occurs when employers try to fit employees into the FLSA’s professional exemption.