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Employment Law

Youth-Based Discrimination Claims

03/08/2007

HR Law 101: Under the federal Age Discrimination in Employment Act, employees must be 40 or older to file an age-bias lawsuit. But several states (among them Maine, Michigan, New Jersey, New York and Oregon) don’t include a minimum age at which legal protection begins …

Employee Privacy Issues

03/07/2007

HR Law 101: None of your organization’s policies can compromise your employees’ right to privacy. You can’t obtain information about workers that’s not relevant to their job duties, and there are restrictions on what information about employees you’re allowed to disseminate …

Preventing Sexual Harassment: A Business Guide

03/07/2007
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Off-Duty Behavior/Moonlighting

03/06/2007

HR Law 101: In recent years, employer attempts to regulate what employees may do on their own time have become contentious. Many employers fear that their employees’ off-duty actions, including moonlighting, may reflect badly on them, lower productivity or, even worse, create liability …

You can’t directly call doctor for FMLA information

03/01/2007

There’s a right way and a wrong way to make sure employees have a “serious” condition that qualifies for FMLA leave. …

Do help-Desk workers qualify for the computer exemption?

03/01/2007

While the Fair Labor Standards Act says certain computer professionals are exempt employees, be ultra-cautious about applying this exemption. Courts are littered with cases of employers being punished for wrongly applying exempt status to lower-level IT workers, such as help-desk staff (aka “IT support specialists”) …

Hiring interns: The 4 steps to keeping it legal

03/01/2007

Courts view interns the same as employees: as “agents” of your organization. So should you. If you use interns or plan to, advise supervisors to manage them as closely as employees, if not more so. And apply your workplace policies to them …

Your informal promotion process: A legal red flag

03/01/2007

Most HR professionals recognize the legal risks of hiring outside applicants, but they often let down their guard when it comes to internal promotions …

Working alongside staff won’t erase manager’s exemption

03/01/2007

Employers today are facing a barrage of Fair Labor Standards Act (FLSA) lawsuits alleging that they’re misclassifying nonexempt employees as exempt. One main target: store managers who often work 60 to 70 hours per week for a set salary …

Settle OT disputes quickly to avoid paying ‘Triple time’

03/01/2007

When employees complain that they should be earning overtime, it’s smart to settle up quickly if it’s clear that they’re right. Reason: When you fail to properly pay overtime, the Fair Labor Standards Act allows employees to collect twice what they should have earned …