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Employment Law

FLSA overhaul: What new overtime changes mean to you

05/01/2003
Your company could be forced to shell out more overtime pay to lower-paid workers under a long-awaited Labor Department modernization of the …

Sexual harassment: Your best game plan is prevention

05/01/2003
THE LAW. Sexual harassment is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. Although Title VII doesn’t specifically mention …

Post Vacation Schedules in Employee-Only Areas

05/01/2003

Q. We post employees’ vacation schedules in the employee lunchroom. Occasionally, outside visitors or customers visit the lunchroom, too. Some employees have complained about this posting policy, saying it borders on invasion of privacy. Are they right and should we stop doing this from a legal standpoint? —M.M., New Jersey

Don’t cut severance if it violates written contract

05/01/2003

Q. We need to change our severance policy, mostly due to declining business conditions. Can we reduce the severance amounts cited in employment agreements with certain staff as long as we notify them of the change? —J.C., Illinois

Most Nonprofits Aren’t Exempt From COBRA

05/01/2003

Q. We’re a nonprofit, and we offer health insurance to our employees. If an employee is enrolled in the health plan and voluntarily quits, are we required to offer COBRA? Or does our nonprofit status let us off the hook? —A.B., Tennessee

Workers can’t demand telecommute option

04/01/2003
Don’t be bullied by a disabled employee who says you must let her work from home as an Americans with Disabilities Act (ADA) accommodation. It’s true that a reasonable …

Ignore job titles; manager doesn’t spell ‘exempt’

04/01/2003
Don’t expect a job title to help you, or a court, determine an employee’s exempt or nonexempt status under the Fair Labor Standards Act (FLSA). A manager in name only doesn’t …

Keep medical data private, even if new HIPAA rules don’t apply

04/01/2003
We reminded you last month that companies sponsoring large health care plans must comply by April 14 with the new Health Insurance Portability and Accountability Act (HIPAA). Smaller plans must comply …

Age-based remark can spark lawsuit, even when made by older manager

04/01/2003
Respond to “age slurs” by any employees, even if the worker making the remark is older than the person who was slurred. As a recent case shows, over-40 employees can …

Shifting exempt staff to nonexempt duties is OK for occasional tasks

04/01/2003
Don’t fear asking your managers to sweep the floor once in a while. As this case shows, occasionally assigning menial tasks won’t automatically erase …