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Employment Law

Use ‘restrictive covenants’ to limit damage from staff defectors

01/01/2005
You were annoyed last week when your company’s sales manager quit. He’d been in that job for 15 years and didn’t give any notice. But today, four of your best sales …

Don’t offer comp time to nonexempt employees

01/01/2005

Q. Can we offer our nonexempt employees comp time instead of overtime pay during a pay period? If we can, do we have to offer it at one and a half times, just like overtime is paid? For example, if an employee works one hour of overtime, do we have to give him one and a half hours of comp time? —J.C., Ohio

Illness controlled by medicine can still be a ‘disability’

01/01/2005
Issue: Whether employees are considered “disabled” if their ailments can be kept in check by corrective treatments.
Risk: Many employers wrongly assume that corrective treatments wipe out an employee’s ADA …

Can you hire for ‘looks?’ Abercrombie case offers a lesson

01/01/2005
Issue: Whether a marketing strategy can, or should, dictate your organization’s hiring practice.
Risk: Any hiring strategy that appears to discriminate against a protected class is fair game for EEOC …

Make legally smart job offers; avoid ‘implied’ contracts

01/01/2005
Issue: Legal problems that stem from inadvertent comments at the job-offer stage.
Risk: Imprecise wording of an offer could lock you into an ‘implied contract’ with the employee.
Action: …

It IS your business: Protect domestic-violence victims at work

01/01/2005
Issue: Your role and responsibilities when it comes to domestic violence in the workplace.
Risk: Doing nothing risks lives, safety, morale, lawsuits and your bottom line.
Action: Take the …

Be consistent when bending policies to suit elder care needs

01/01/2005
Issue: Most organizations lack formal elder care benefits or policies. Instead, they assist employees by making exceptions to other policies.
Risk: Unless you apply those exceptions fairly, you’ll risk complaints …

Workers’ comp leave doesn’t stop ‘FMLA clock’

01/01/2005

Q. An employee took FMLA leave Sept. 1 due to job stress. In October, she had an operation for carpal tunnel syndrome. Workers’ comp ruled that her absence was work-related and it dated her workers’ comp claim back to Sept. 3. So, they’re now saying that her FMLA leave won’t start until she is officially released from workers’ comp. Do we need to keep a job open for her indefinitely? —F.W., Nevada

All staff on payroll count toward FMLA threshold

01/01/2005

Q. We’re a church with six full-time employees, three part-timers and six musicians who are paid per performance. Are we subject to FMLA? And who counts as an “employee” under the law: full-time, part-time and on-call workers, such as our musicians? —E.E., North Carolina

Demand English fluency only if it’s needed

01/01/2005
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