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Employment Law

Incremental vacation time is legal, but not best option

09/01/2003

Q. We have salaried, exempt employees who take increments of vacation time (anywhere from one hour to seven hours at a time) instead of one full day. Is this legal? Or should they take only full-day vacation? —C.D., New Jersey

Deflect Cupid’s Arrow With Anti-Fraternization Policy

09/01/2003

Q. We have two employees who started a relationship. One is married. The wife of the married employee came to our facility and demanded to speak with the other woman. We didn’t permit them to speak on the premises. Do we have any potential for liability in a situation like this, especially if it escalates? Can we do anything to discourage employee romances or is this strictly off-limits? —C.R., California

Even ‘harmless’ banter can create a hostile environment

09/01/2003
Issue: A new ruling lowers the bar on what courts consider sexual harassment.
Risk: Allowing “boys to be boys”, even if they don’t target anyone for abuse, can now cost …

O-V-E-R-Q-U-A-L-I-F-I-E-D can spell ‘lawsuit’

09/01/2003
Issue: With the job market flooded with experienced and skilled people, the temptation rises for hiring managers to use “overqualified” as a weeding-out method.
Risk: Courts could view your use …

Pay for ‘donning and doffing,’ not waiting

09/01/2003
Issue: Should you pay employees for time spent putting on and taking off work clothes?
Benefit: Recent court case limits your obligations under so-called “donning and doffing” laws …

Don’t use weight as an excuse not to hire, no matter the cost

09/01/2003
Issue: Overweight employees cost you more in health care costs, and new research proves it. But you can’t discriminate against them.
Risk: More courts are saying that obesity is a …

Never assume pregnancy will affect employees’ ability to work

09/01/2003
Issue: It’s up to pregnant employees to decide if pregnancy or maternity will prevent them from performing their jobs.
Risk: Liability for up to hundreds of thousands of dollars in …

Too small for FMLA? Don’t be too sure

09/01/2003
Issue: Even if it employs fewer than 50 people, your organization could be subject to FMLA compliance.
Risk: Being affiliated with another organization could mean that, together, the two organizations …

New overtime rules facing delays

09/01/2003
Don’t expect the Labor Department’s proposal to revamp the Fair Labor Standards Act’s overtime provisions to take effect anytime soon. Labor received thousands of comments on the rules, proposed in March …

Tap new EEOC Web site for investigation insight

09/01/2003
The EEOC is coming after you for workplace discrimination. Now what? One good source, surprisingly, is the EEOC’s own site, which now offers a section titled “EEOC Investigations, What an Employer …