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Employment Law

Baker Axed for Deserting Bagels Still Has a Wrongful-Firing Case

03/01/2007

A bagel baker at a BP Connect store will proceed with an HIV-discrimination and wrongful-firing suit even though he admitted his firing was justified …

Citigroup’s Cash-Balance Plan Fails the Smell Test, Judge Says

03/01/2007

A U.S. District Court judge has called Citigroup’s cash-balance pension plan “a bold and exploitative contortion” of the fractional rule, which guarantees that pensions accrue uniformly over an employee’s career …

How to comply with state’s new Mental Health Parity Law

03/01/2007

Shortly before leaving office, Gov. Pataki signed New York’s Mental Health Parity Law, which requires insurers to provide mental health benefits in all health insurance policies issued in the state …

Workplace rules can be flexible … if enforced fairly

03/01/2007

When it comes to creating workplace rules, don’t think you have to spell out every last detail. It’s OK to leave some rules intentionally vague, so you’ll have some wiggle room. Just be sure to exercise your discretion fairly …

The Dirty Dozen: Manager mistakes that spark lawsuits

03/01/2007

Lawsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don’t. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment-law defense.

Reservists’ COBRA, FMLA Rights

02/28/2007

HR Law 101: The Uniformed Services Employment and Reemployment Rights Act protects reservists when they’re away from work for extended periods. Reservists on active duty can maintain health insurance coverage by electing COBRA continuation. Employers must also count time spent on active duty toward the calendar and hour requirements for coverage under the FMLA …

FLSA: Child Labor Rules

02/25/2007

HR Law 101: The child labor provisions in the Fair Labor Standards Act restrict the amount of time and conditions under which minors age 17 and younger are permitted to work …

FLSA: Exempt vs. Nonexempt Workers

02/24/2007

HR Law 101: When a new hire comes on board, you must determine whether to classify him or her as exempt or nonexempt under the FLSA. The key consideration: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep …

FLSA: Classifying Exempt Workers

02/23/2007

HR Law 101: To be considered exempt from overtime, an employee must generally be paid on a salary basis and his or her job duties must meet the Labor Department’s standards for one of the six exemption categories. Use this self-audit to test whether you’re properly classifying your workers as exempt under the FLSA …

OSHA Penalties

02/18/2007

HR Law 101: Employers should be aware that OSHA violations carry civil and, in some cases, criminal penalties. The penalties vary and depend on the type of violation, its frequency and its severity …