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Employment Law

Secondary employer isn’t responsible for FMLA notice, leave

12/01/2006

If you use leased employees, you’re not required to manage their FMLA leave. That’s the leasing company’s responsibility as the person’s primary employer …

Review your severance packages; EEOC tightening scrutiny

12/01/2006

When employers offer severance packages, they often ask employees to waive their rights to sue the employer. That’s a smart strategy, but small discrepancies in the agreement’s wording can make the difference between a successful severance package and a call from the EEOC …

Be prepared to back up hours worked for exempt staff, too

12/01/2006

You carefully track all hours worked by nonexempt employees. But do you know how many hours your exempt employees work? That can become a problem if you misclassify an employee as exempt when the person should have been hourly …

Prepare to pay overtime to more delivery drivers

12/01/2006
You no longer can rely on the "motor carrier exemption" in the Fair Labor Standards Act (FLSA) to avoid paying overtime to delivery drivers who use vans and pickup trucks on their routes.

Employers can be liable for harassing customers, too

12/01/2006

Employees have the legal right to work in a harassment-free environment, and employers must take corrective measures to end harassment when it comes to their attention. It doesn’t matter that the harassment comes from customers or others the employer has no control over …

Build a Sturdy ‘Escape Hatch’ Into Your Organization’s Discipline Policy

12/01/2006

Does your employee handbook outline a progressive discipline process and also include a contract disclaimer? If so, you may think the disclaimer prevents employees from claiming that the discipline policy was a "contract" that can’t be skipped over in favor of instant termination. But you’d be wrong …

Documenting ‘In Case of Litigation’ Isn’t Proof of Job Bias

12/01/2006

When dealing with difficult employees, supervisors often go the extra mile to document their interactions (and any discipline) in case the employee ever sues. But does this extra effort at documentation provide proof that the supervisor intends to discriminate? …

More teens allege sexual harassment as the EEOC and media heighten awareness

12/01/2006

Just because employees are young doesn’t mean they don’t know their rights to a harassment-free workplace. The media firestorm involving Rep. Mark Foley’s improper e-mails to teen pages in Congress raised awareness among workers, parents and employers about harassment of teen workers …

Navigating the National Labor Relations Act

12/01/2006

Congress passed the National Labor Relations Act (NLRA) in 1935 largely as a way of raising depression-era wages. The law gives employees basic rights to participate in unions, bargain collectively about compensation/ work conditions and engage in other protected "concerted activities" …

‘Secret’ reviews are bad policy and may be illegal

12/01/2006

Q. We don’t allow our employees to read or comment on their evaluations. Instead, we discuss the content with them one-on-one and have them sign an acknowledgment that they have discussed their performance. Do we have to show them the actual evaluation or give them a copy?—D.J., Michigan