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Employment Law

True ‘disability’ limits employees’ life activities, not just job tasks

01/01/2003
After less than a month on the job, Mark Mack was put on leave when an injury prevented him from lifting and kneeling, both of which were required for his job …

Reimburse any pre-employment costs that cut into minimum wage.

01/01/2003
Migrant workers at a Florida farm were required to pay expenses out of pocket for securing work visas and traveling to job sites. Because these costs amounted to “pre-employment deductions” from …

Failed romance frustration doesn’t equal sex harassment.

01/01/2003
A corporate officer had an on-again/off-again dating relationship with his direct subordinate. After the couple’s third dating stint ended, the boss sent e-mails and gifts to his lost love, asking her …

Noncash compensation counts toward minimum wage

01/01/2003
You probably don’t have employees living in your workplace, but a recent case illustrates your vulnerability to lawsuits if you keep workers tethered to the job, either physically or by phone, …

Wise up to national-origin bias rules; claims spiked in 2002

01/01/2003
Acquaint yourself with newly updated guidelines from the Equal Employment Opportunity Commission (EEOC) that teach employers how to foster work environments free of national-origin discrimination. Coming on the heels of 9/11, …

Bush to halt Clinton-era rule opening UI funds for paid leave

01/01/2003
Acting to quiet business’s criticism and protect state unemployment insurance dollars, the U.S. Labor Depart-ment says it plans to repeal a Clinton administration regulation that gives states the option of dipping …

ADEA: Prevent fastest growing, most expensive type of bias

01/01/2003
Expensive mistake Median award by type of bias: ’94-’00 cases Age $268,926, Disability 175,001, Race 120,951, Sex 100,000. Source: Jury Verdict Research …

Don’t Allow Unlimited Sick Leave

01/01/2003

Q. Our company gives eight hours of sick leave per month to nonexempt employees. We’ve been told that, under the FLSA, exempt employees are to be paid whenever they are sick. So our exempt employees have virtually an unlimited sick-leave balance. Is this a correct way to interpret the FLSA? Should we have some type of sick-leave accrual and tracking for our exempts? —D.H., Kentucky

Inconsistent hiring sinks your defense

12/01/2002
Don’t leave the hiring and firing process up to your managers. Standardize your practices, and make sure everyone follows them. Giving any worker, especially a disabled one, the bum’s rush will …

Don’t fight reservist reinstatement: You’ll lose

12/01/2002
Now is not the time for your company to appear unpatriotic, in the public’s eye or before a judge. As a recent ruling shows, courts are bending over backward to give …