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Employment Law

When facing a bias lawsuit, avoid these three dumb defenses

01/01/2004
Your organization can defend itself against race discrimination lawsuits in many ways, but a recent ruling illustrates how three excuses will flop in court …

Don’t punish staff for off-site political comments, but at work, it’s your call

01/01/2004
As the calendar turns to an election year, here’s a good point to remind managers: Don’t retaliate against employees or applicants simply because of their off-duty political activities and comments …

New discrimination risk: Short versus tall applicants

01/01/2004
A new, well-publicized study could raise skepticism, and potential legal complaints, by shorter employees about your pay practices.
Taller employees earn more money and promotional opportunities, says the University of …

Check your FLSA compliance; Fed penalties reach 11-year high

01/01/2004
The Labor Department’s beefed-up compliance audits and prosecutions of Fair Labor Standards Act (FLSA) complaints packed a wallop last year. Total back wages collected for workers in
fiscal 2003 jumped …

Labor readies final overtime rule; Congress steps out of the way

01/01/2004
Opponents in Congress recently dropped their opposition to the Labor Department’s proposed rules that redefine which employees qualify for overtime pay.
That clears the way for Labor to release the …

Hidden risk: Do your staff committees violate labor law?

01/01/2004
Consider these two scenarios:
1. At the suggestion of a project manager, your organization starts an employee committee to provide workers a voice in safety issues. Management and the safety …

Reverse age bias is rarely an issue with early retirees

01/01/2004

Q. Are there any specific rules defining “early out” retirement packages offered to employees? Our company is planning to offer early outs. Our criteria mandate that an employee must have worked 15 years and be at least 50 years old. But we have employees who have worked as long as 28 years, but fail to meet the 50-year-old criterion. Is this age discrimination in a reverse sort of way? —T.G., Florida

Barefoot, pregnant … and dragging you into court

01/01/2004
Issue: Even one offhand remark, if timed just right, can spell “discrimination.” Risk: Years of diligence in preventing discrimination among managers can go up in smoke instantly. Action: Advise …

When must you pay people for working while on break?

01/01/2004
Issue: Court ruling adds uncertainty to when you must pay hourly employees for work performed on their breaks. Risk: Liability for back and overtime pay. Action: Urge managers to …

6 ways to determine if you should pay ‘volunteers’

01/01/2004
Issue: More for-profit organizations are using “volunteers” to help in their normal course of business, and they’re taking a legal gamble. Risk: Back pay and FLSA claims. Action: Use …