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Employment Law

Comp-time reform bill dealt
major setback in Congress

07/01/2003
Legislators shelved a bill last month that would allow private-sector companies to offer compensatory time to employees in lieu of overtime pay, due in large part to intense protests from organized …

Warning: Feds looking closer at your use of L-1 hiring visas

07/01/2003

A growing number of high-tech workers are complaining that they’re losing jobs not only to foreign workers overseas but also to foreign workers who enter the United States under the little-known L-1 visa category …

Drug testing: Minimize lawsuit risk with smart policy

07/01/2003
THE LAW. You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance abuse prevention …

Dyslexia and the ADA: Don’t Screen for Disability

07/01/2003

Q. Is dyslexia considered a disability under the ADA? Can we legally screen potential employees for it through our pre-employment tests? —F.D., Ohio

Bonus plans don’t erase your overtime obligations

07/01/2003

Q. We plan to roll out an incentive plan for all employees. The incentive would be calculated monthly but paid quarterly in addition to regular pay. As part of the plan, we are eliminating overtime. Can we still have employees punch in to monitor attendance or can that come back to haunt us if they work extra hours to reach the incentive threshold? —J.B., New Jersey

Cosmetic surgery usually won’t qualify for FMLA leave

07/01/2003

Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence? —K.H., Connecticut

Employee behavior change can count as FMLA ‘notice’

07/01/2003
Issue: You may need to somehow decipher employees’ need for FMLA leave from a “sudden behavior change.”
Risk: Dramatically expands employees’ protection under FMLA.
Action: Warn managers to notify …

Don’t make promises the company might not keep

07/01/2003
Issue: Courts will make your company follow through on oral promises you make about benefits.
Risk: You or an ill-informed manager could inadvertently force your company to provide benefits it …

Learn the legal risks of viewing school records

07/01/2003
Issue: Using school transcripts to screen applicants can lead to discrimination claims.
Risk: Without guidance, hiring managers can inadvertently use school records …

Pursue claims, even if complaining worker backs off

07/01/2003
Issue: Courts place the burden on employers to complete investigations of sexual harassment complaints, even in the face of reluctant complainants.
Risk: Failing to pursue complaints actively will come back …