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Employment Law

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 …

You can’t avoid overtime by paying employees daily

03/01/2007

Even if you pay employees—such as day laborers—on a daily basis, you can’t use that tactic to avoid paying overtime for hours worked beyond 40 in a week …

Any ethnic stereotype, even a positive one, can trigger a job discrimination lawsuit

03/01/2007

Most supervisors know that it’s illegal to voice negative racial, age or gender stereotypes in the workplace. But they may not realize that positive stereotypes also can lead to trouble …

How to handle disabled applicants who bring a ‘Job coach’ to the interview

03/01/2007

In many states, vocational programs pair disabled residents with “job coaches,” who help them find appropriate work and adapt to those jobs. Since the ADA also requires employers to make reasonable accommodations during the hiring process, make sure job coaches are welcome in your interviews …

Offer half-Day FMLA leave regardless of the burden

03/01/2007

It’s important to know how your responsibilities differ under the ADA and the FMLA. The ADA requires you to allow part-time work as an accommodation only if doing so is reasonable for your company’s operations. But under the FMLA, employees have the unconditional right to intermittent leave, including working part-time for an extended period …