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Employment Law

Use severance as a hiring tool; more applicants ask

07/01/2004
Issue: Survivors of recent layoffs are asking about severance plans before signing on. Benefit: More than ever, a good severance plan can help lure the best candidates. Action: Trumpet …

New OT rules: countdown to compliance

06/01/2004
The long wait is over. Now it’s time for you to act.
More than a year after proposing changes to the rules that define which employees are eligible for overtime …

Passing the ‘duties test’: new exemption definitions

06/01/2004
Under the new overtime rules, white-collar employees who earn less than $455 per week ($23,660 annually) are automatically eligible for overtime. Those who earn more than $100,000 and perform just one …

Preserve at-will rights by ditching your employee probation period

06/01/2004
If your employee handbook or job-offer letters say new hires will face a 60- or 90-day probation period, you should consider dropping that policy or, at the very least, referring to …

Don’t write wishy-washy policies that make it hard for staff to comply

06/01/2004
Your employment policies should never leave employees guessing about how they must comply.
That’s why it’s vital to use concrete terms in your
policies that discuss employee behaviors and …

Continued employment may be enough to make noncompetes legal

06/01/2004
If you ask employees to sign an agreement not to compete with your organization for a certain length of time after they leave, the agreement isn’t binding unless you offer the …

You can trim health benefits for Medicare-eligible retirees

06/01/2004
If your organization offers health insurance to retired employees, an important new Equal Employment Opportunity Commission (EEOC) ruling says you can reduce or eliminate those benefits after the ex-employee becomes eligible …

Supreme Court expands filing window in ‘Section 1981’ cases

06/01/2004
The U.S. Supreme Court last month set a four-year statute of limitations in so-called “Section 1981” discrimination cases.
While most employees file discrimination cases under Title VII of the Civil …

Federal contractors: Post ‘Beck’ notice in workplace

06/01/2004
The Labor Department issued final rules last month requiring federal contractors to post notices that inform employees of certain union rights under the Supreme Court’s Communi-cation Workers v. Beck case. Essen-tially, …

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 …