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Employment Law

Firing employees on FMLA leave: Occasionally legal, usually unwise

12/01/2002
While he was taking leave for depression under the Family and Medical Leave Act (FMLA), Jerry Ogborn got the ax. Reason: During the absence, his employer discovered that Ogborn, a union …

Rein in abusive managers: Even ‘Flip Wilson’ claim sways jury

12/01/2002
You’d think that 12 jurors wouldn’t look kindly on an armed robber’s claim that job discrimination drove him to rob a convenience store with a sawed-off shotgun. But you would …

You can’t shave employee’s bonus just because she took FMLA leave

12/01/2002
When the company Valerie Dierlam worked for was sold, the acquiring firm offered her a bonus of half her salary if she stayed for one year. She did, but the …

You don’t have to police workplace banter, but don’t let it escalate

12/01/2002
On the production floor, Lisa Ocheltree had to listen to conversations between male co-workers about their sexual exploits, which included vulgar language. The men showed …

Prevent pro-union postings at work by limiting personal solicitations

12/01/2002
After a union launched an organizing campaign at an Arkansas hospital, a nurse put up a screen saver on a hospital computer that said “Look for the U.” Her supervisor gave …

Your benefits liability may not end with company sale

12/01/2002
While Denise Lessard was on disability leave, the company she worked for was sold. All employees were automatically employed by the acquiring firm as long as they were “actively employed” on …

What’s a ‘reasonable’ ADA accommodation? See new guide

12/01/2002
Federal law says companies with 15 or more workers have to provide “reasonable accommodations” to disabled workers, unless it would cause the company “undue hardship.” Newly updated guidelines from the Equal …

Dress codes: Strip away discrimination, ‘uniform’ dangers

12/01/2002
If your business is image-driven, now’s the time to take a closer look at how you regulate employee appearance. Reason: An increasing number of lawsuits are successfully challenging employers’ dress-code policies. …

Focus on Decision Making When Deciding Exempt Status

12/01/2002

Q. I believe that one of our employees falls within the administrative exemption under FLSA, but I’m not sure if he “regularly exercises discretion and independent judgment.” How can I make that determination? —A.C., Mississippi

Overtime Pay Not Affected by Worker’s Shift Switch

12/01/2002

Q. Are employers required to pay for overtime hours resulting from the employee voluntarily switching shifts with another employee? —E.R., Kansas