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Employment Law

The HR I.Q. Test: July ’08

07/01/2008
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Does your organization need insurance against employee lawsuits?

07/01/2008

No matter how careful employers are, they still can be sued. Recognizing the risk, more employers are choosing to protect themselves with employment practices liability insurance (EPLI), which covers your organization if it’s hit with an employment lawsuit. But it’s important to know which coverage is right for you …

Flex schedules: Do we have to offer to everyone?

07/01/2008

Q. Two of our employees are struggling with serious family issues that make it hard for them to get to work on time. We’ve let them adjust their schedules. Now we have others who want to adjust their schedules … Do we have to give schedule flexibility to all employees?

‘Offering’ chance to quit may still be constructive discharge

07/01/2008
Employers commonly give employees a chance to resign rather than be fired. And employers often believe that as long as they get employees’ signatures on the “voluntary” resignation letters, they’re in the clear. That’s simply not true …

Don’t let trumped-Up excuses prevent sacking bad worker

07/01/2008
Employees who fear their jobs are in danger often try to find some way to protect themselves from being fired. For example, the employee will suddenly report sexual harassment, take FMLA leave or claim he or she has a disability that needs accommodation. Don’t dismiss those claims without an investigation …

Ensure employees know how to complain about retaliation

07/01/2008
You know that employees who complain about harassment or discrimination shouldn’t suffer retaliation. But do you have a mechanism in place that prevents such retaliation? If not, it’s time to come up with one. Nipping retaliation in the bud is far cheaper than defending it in court …

In hospitals, have evidence union messages upset patients

07/01/2008
Generally, employees have the right to wear union insignia in the workplace. But in some limited circumstances in health care settings, employers can restrict that right if the restriction is “necessary to avoid disruption of health care operations or disturbance of patients” …

Tech writers’ wage-Hour suit gets class action status

07/01/2008
A California judge recently certified a class of about 250 to 300 technical writers employed by Sun Microsystems and SeeBeyond Technology who claimed they were misclassified as exempt from overtime pay and denied meal breaks …

Inter-Con security guards strike at Kaiser Permanente facilities

07/01/2008

Building security officers employed by Inter-Con Security Systems and seeking representation by the Service Employees International Union (SEIU) staged a series of one-day strikes in May at 23 California Kaiser Permanente medical facilities …

How should we pay exempt employee who was terminated midway through the week?

07/01/2008
Q. We recently terminated an exempt employee halfway through a workweek. Given the Fair Labor Standards Act requirement that exempt employees must be paid on a salary basis, are we required to pay the employee for the entire week?