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Employment Law

Don’t let employees bully you into dictating their employment terms

07/01/2004
You don’t need to let an employee set a bad example by trying to force concessions from you that aren’t required in a collective-bargaining agreement or employment contract. Turn the tables …

You don’t have to accept after-the-fact proof of FMLA leave

07/01/2004
The Family and Medical Leave Act (FMLA) requires workers to give their employers notice of their need for leave. But you have the right to deny leave when the provided information …

Beware legal pitfalls of rehiring ex-workers, laid-off staff

07/01/2004
If your organization pared back during the economic slide, you may be joining other employers that are rebuilding their staffing levels.
More employers expect to pick up the hiring pace …

Rethink exemption status of traveling sales rep

07/01/2004

Q. We employ sales and service reps who travel and service stores around the country. They work from their home offices, use their own cars and communicate with us via phone. We classify them as exempt. Is this correct? (Most reps are required to spend at least eight hours at each location. Some drive three hours or longer to get to each store. We encourage overnight stays under these circumstances.) —L.C., Oklahoma

Pay attention to rising complaints of ‘same-race’ bias

07/01/2004
Issue: Courts are seeing a spike in discrimination claims involving people of the same race.
Risk: Some supervisors wrongly ignore same-race complaints, believing, for example, that “blacks can’t discriminate against …

Don’t stretch truth in exchange for lawsuit waiver

07/01/2004
Issue: When will a court hold you to an employment contract? Risk: Promising a former employee that you’ll fudge the truth on job references in exchange for a lawsuit waiver …

More reason to stop harassment: Even ‘resignees’ can sue

07/01/2004
Issue: Whether employees who resign have the same right to file harassment lawsuits as those who are fired. Risk/benefit: A new Supreme Court ruling says “Yes,” quitters can sue. But …

Don’t pay for rest breaks beyond 20 minutes

07/01/2004

Q. Is it mandatory for a nonexempt employee to take at least a 20-minute meal break after working a certain number of hours? —M.M., Illinois

Choose bonus pay method and stick with it

07/01/2004

Q. Our company pays monthly bonuses to hourly employees based on the previous month’s performance. When calculating overtime, should the bonus pay be included only for the weekly payroll that contains those bonuses, or does it change the overtime rate for other weekly pay periods, as well? —A.A., Tennessee

Beware of disability-rights law during job interviews

07/01/2004
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