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Employment Law

Jail time for managers in immigrant-Hiring conspiracy

05/01/2007

Three former managers from the Guilderland plant of crate manufacturer IFCO Systems, headquartered in Houston, pleaded guilty to conspiring to hire illegal workers …

New study turns up heat on child labor compliance

05/01/2007

Many teenagers operate hazardous equipment at work and fail to receive appropriate safety training, according to a new study by the National Institute of Occupational Safety and Health …

Settling a case? Make sure the agreement includes a ban on re-employment

05/01/2007

Sometimes, the best way to end a discrimination claim is to settle the case before it goes to court. But if you do settle, make sure you don’t create a bigger problem down the line. That can happen if the employee applies later for an open position and is rejected

‘Uniform’ can be an expensive word for employers

05/01/2007

Be careful what you refer to as an employee “uniform” in your employee handbook and policies. The wrong use of the word could be costly

Hey, customers! Guess what? We are sexual harassers!

05/01/2007

Do you have to tell your customers if you’re slapped with a sexual harassment verdict? You soon might have to. In a startling new court ruling, a judge in Illinois required a company to distribute a notice to its customers informing them of the $1 million sexual harassment verdict levied against it

Use discipline to enforce your no-Overtime policy

05/01/2007

Q.  We temporarily allowed an hourly employee to come in early and take work home at night. We paid her for overtime on both ends. But now we’ve promoted someone else and told the hourly worker to stop coming in early and taking work home. She said she prefers working early and still does (plus she skips lunch) but reports for just 40 hours. Is she setting us up?—L.B., New York

You (not the employee) determine FMLA leave

05/01/2007

Q. At a recent FMLA seminar I attended, the speaker said that employers have the responsibility to ask employees if they want their absences applied to their 12 weeks of available FMLA leave. I understand that we can run FMLA leave concurrent with paid sick leave, but what if an employee doesn’t want to use up his FMLA leave and has other paid or unpaid leave available under our company leave policy?—J.G., Ohio

Should we give reviews to independent contractors?

05/01/2007

Q. We have several independent contractors working at our company, as well as many regular employees. We give performance reviews to regular employees, but not the independent contractors. Should we?—M.L., California

Complying with the no-Docking rules

05/01/2007

Q. We are a small company with fewer than 20 employees. While I understand the issue of paying exempt employees full salary and docking from the PTO banks when they’re absent, is there someplace that I can go to get an example of a company policy to support a 40-hour-per-week effort from each employee?—E.R., Virginia

Employee can’t take FMLA leave for jail time

05/01/2007

Q. Does the FMLA apply to employees who are in jail, too?—A.B., Texas