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Employment Law

States aren’t immune from ADA lawsuits, high court says

06/01/2004
The Supreme Court ruled May 17 that disabled people can sue state governments for failing to provide them access to courthouses, voting booths or other public services.
Previously, states had …

Camera phones at work: Shoot down this latest legal threat

06/01/2004
Camera phones now make up more than 4 percent of all worldwide cell phone sales. By 2007, more than half of all cell phones will be equipped with cameras, and cell …

Interviewing: Sharpen skills to stamp out hiring bias

06/01/2004
THE LAW. Job interviews are a legal minefield for HR people and managers. Your questions must avoid stepping on federal and state equal employment laws that ban discrimination on the basis …

Four-Year degree won’t automatically earn exemption

06/01/2004

Q. Regarding the “learned professional” exemption, is it safe to say that a person with a four-year degree would be considered in that category, but a person with an associate’s or two-year degree would not? —Marilyn, Pennsylvania

Make Full-Day Deductions, Not Partial, for Exempt Staff

06/01/2004

Q. If an exempt employee uses all her sick time and vacation time, then takes a half day off for personal reasons, can I deduct for that half day, or does it have to be a whole day? Has that changed under the new law? —Barbara, Louisiana

New exemption definitions aren’t retroactive

06/01/2004

Q. If, according to the revised Labor Department regulations, we’ve been improperly classifying certain employees, would we need to go back and reimburse them? At that time, we thought they were properly classified. —Becky, Texas

Commissions count in tallying highly compensated exemption

06/01/2004

Q. I have a question about the new highly compensated exemption. I have inside salespeople and their base salary is about $40,000, but their commissions net them over $130,000 a year. Could I classify them as exempt? —Michelle, California

Look at big picture to determine ‘Primary Duty’

06/01/2004

Q. The duties test under the Labor Department’s overtime regulations talks about determining the employee’s “primary duty.” How do we determine that? —Marie, Pennsylvania

Your probation period: a lawsuit waiting to happen

06/01/2004

If your employee handbook or job-offer letters say new hires will face a probation period of, say 60 or 90 days, you should consider dropping that policy.

Give employees advance notice of pay changes

06/01/2004
Issue: Should you provide notice about commission-formula changes that could alter employees’ pay? Risk: If you rework pay formulas behind employees’ backs, you could bump up against state wage laws. …