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Employment Law

Can we pay hourly staff comp time instead of OT?

04/17/2009

Q. I’ve heard conflicting answers: Is it legal for our company to pay our hourly employees comp time instead of paying time-and-a-half for overtime worked?

Ignore privacy protests: You can review detailed call records from company cell phones

04/17/2009

Steelcase Inc. gave employee Patrick Morrissey two cell phones: one for business and one for personal use. Both billing statements went to his boss because Steelcase paid both bills. But the boss confronted Morrissey when he reviewed the bills and noticed Morrissey had made personal calls on company time …

Cheer up: Lawyers are getting sued, too!

04/17/2009

If misery loves company, let’s start the party. An article on Law.com notes that insurers anticipate a surge in legal malpractice lawsuits as the economy tanks. (It seems employers aren’t the only deep pockets plaintiffs will try to raid during hard times.)

Chicago sit-in employees will be called back

04/15/2009

The 250 Republic Windows and Doors workers who staged a sit-in at the Chicago plant last December will be called back to work over the next few months as part of a bankruptcy proceeding. The workers started the sit-in after Republic owner Rich Gillman closed the unionized plant and opened a nonunion plant in Iowa days later.

Unholy trinity: 3 employees for the price of one

04/14/2009

Religious accommodation went up against business necessity recently when the "Three Faces of Eve" butted heads with an employer in court. Find out how many winners there were.

Assessing witness credibility in workplace investigations

04/14/2009

During a workplace investigation, you, as an HR investigator, can take a number of practical steps to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

New ‘red flag’ identity theft mandate takes effect May 1

04/14/2009

If your organization sells products or services on credit, take note: May 1, 2009, is the deadline to comply with the identity theft requirements in the Fair and Accurate Credit Transactions Act. If any of your benefits involve extending credit to employees, this law could apply to you.

Document warnings to chronically late worker

04/14/2009

Your documentation of an employee’s chronic tardiness will prove its value if you fire the employee and she sues for some kind of discrimination. If you can show you let the employee know about your concerns and the consequences, rest assured she would have a hard time winning her case.

Boss triggers lawsuits? Review all decisions

04/14/2009

If you have a manager or supervisor whose decisions have caused lawsuits that you have lost, be on your toes the next time that manager has to make an employment decision. Make absolutely sure that you can pin the decision on some objective reason.

When making exempt/nonexempt call, actual duties trump résumé or job description

04/14/2009

Don’t rely on old job descriptions or résumés to prove you have properly classified an employee as exempt from overtime. Instead, make sure employees’ job descriptions actually reflect the day-to-day work they’re performing. Little else counts.