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Employment Law

Personality tests don’t trammel constitutional rights, but beware risks

04/01/2005
Many employers use personality tests to identify job-related characteristics, such as maturity or emotional stability. But these tests can carry legal risk when applied incorrectly.
If you use personality tests, …

High court to answer ‘donning’ and ‘doffing’ questions

04/01/2005
The U.S. Supreme Court agreed last month to take up cases that could affect your payroll practices under the Fair Labor Standards Act (FLSA), particularly if you employ people who must …

New law aims to stem the tide of mega class-action lawsuits

04/01/2005
Employers won a big victory when President Bush signed legislation
Feb. 18 that aims to inject more fairness in the class-action lawsuit arena. The Class Action Fairness Act of 2005 …

Union, no! Less reason to fear union-organizing campaigns

04/01/2005
The Bureau of Labor Statistics (BLS) says union membership fell to 12.5 percent of all U.S. employees last year, down from 12.9 percent in 2003. That’s the lowest percentage of union …

Terminating smokers: When there’s smoke, can you fire?

04/01/2005
Ever since media reports focused earlier this year on a Michigan company’s strict policy banning smokers on staff, many employers have asked the question: “Can we, should we, do the same?” …

Office business manager: Exempt or nonexempt?

04/01/2005

Q. We’re a nine-physician medical clinic, and we employ a salaried business manager. She makes less than $100,000 but more than $23,660 per year. Her duties include personnel, hiring and firing, and office work. We don’t give her comp time or overtime pay. If she takes a partial day off, she must use vacation time (paid time off). In light of the new (FLSA, overtime) rules, are we handling this correctly? —B.B., Missouri

Continuing insurance isn’t required by workers’ comp

04/01/2005

Q. We have several employees out on workers’ comp claims. Our policy is to pay for the employee but not dependents. How can we terminate the group insurance for employees who are out on workers’ comp for more than three months? —M.O., Washington

Don’t automatically fire after FMLA, STD leave expire

04/01/2005

Q. Our policy is to run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee, at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end short-term disability payments, since the employee has been terminated? —E.A., Georgia

Paying men more than women with the same job titles?

04/01/2005
Issue: As a new ruling shows, a female’s job must be “virtually identical” to a male’s to support an equal-pay lawsuit.
Benefit: You don’t have to fear paying different wages …

The 3 things NOT to say in your sexual-harassment policy

04/01/2005
Issue: The words you leave out of your sexual-harassment policy are as important as those you put in.
Risk: Imprecise, or too precise, wording can paint you into a corner …