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Employment Law

New rules haven’t eased exempt/Nonexempt confusion

04/01/2007

Amid much fanfare, the U.S. Labor Department in 2004 rewrote the rules that determine which employees are exempt from the Fair Labor Standards Act (not eligible for overtime) and which are nonexempt (eligible for overtime). The goal was to ease confusion and lawsuits. But, so far, that hasn’t happened …

State may limit your right to ban guns on premises

04/01/2007

 Legislation proposed in at least 10 states would guarantee employees the right to keep registered guns in their cars while at work …

Rise in ‘Unhappy’ workers heightens lawsuit risks

04/01/2007

Fewer than half of Americans say they’re satisfied with their jobs, a dramatic drop from 20 years ago when 61 percent said they were satisfied, according to surveys by The Conference Board …

HR as mobsters: Supreme Court lets workers use organized-Crime law to sue their employers

04/01/2007

The U.S. Supreme Court let stand a lower court ruling that a group of employees at a Georgia carpet company can use state and federal anti-racketeering laws to sue their employer …

Union ‘Check Card’ bill likely won’t become law

04/01/2007

We saw much hand-wringing among business groups on Capitol Hill last month after the U.S. House of Representatives voted 241-185 to grease the skids for union organizers …

Genetic discrimination bill takes another step in Congress

04/01/2007

A committee of the U.S. House of Representatives approved legislation last month that would ban employers from collecting genetic information from employees and applicants and prohibit the use of genetic tests when making employment decisions …

Planning for a pandemic flu: Is your organization prepared?

04/01/2007

After preparing for Y2K, anthrax and hurricanes, HR and legal professionals must now turn their attention to pandemic planning …

How long to retain applications and résumés?

04/01/2007

Q. How long do we have to keep applications and résumés? — L.P., Kansas

Must we pay hourly worker for drive to conference?

04/01/2007

Q. Recently a nonexempt employee left from work to attend a two-day conference. She left at 2:30 p.m. and arrived at the location at 5:00 p.m. I interpret that we should pay for eight hours since her travel was from the work location and within normal work hours. The next day, she left the conference at 4:15 p.m. and arrived back in town at 7 p.m., but she didn’t stop at the office. Since travel time is outside of normal (8:00 a.m.–4:30 p.m.) work hours, is she paid for travel time or just for work hours attending conference? —M.B., Georgia

Worker fails to give FMLA proof? Cut ‘Em loose

04/01/2007

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? — T.B., Tennessee