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Employment Law

Bias claim goes nowhere unless minority status was clear

09/01/2002
When Steven Lubetsky applied for an analyst job, he aced the interview and several competence tests. The company offered him the job pending a credit check. Lubetsky explained that he was …

Keep political affiliation out of hiring decision

09/01/2002
Gary Goodman was an acting district manager with a spotless performance record over 18 years. He was turned down for a promotion to district manager of a state agency whose governing …

Sleeping on the job doesn’t pay–this time

09/01/2002
The manager of a group home was required to work a regular, eight-hour day and remain at the home overnight. He was paid for a standard, 40-hour workweek and sued, alleging …

Military service counts toward FMLA eligibility

09/01/2002
Ordinarily, workers are eligible for unpaid leave under the Family and Medical Leave Act (FMLA) after working for at least 12 months at a company and clocking at least 1,250 hours …

NLRB shake-up may cause reversals on key cases

09/01/2002
You can expect some good news from the National Labor Relations Board (NLRB). Reason: If the Senate confirms a new slate of Bush appointees to the NLRB, it will be the …

Stop relying on Social Security number as employee ID

09/01/2002
Identity theft is among the nation’s fastest-growing crimes, and your personnel files and other HR data can be gold mines for would-be thieves. Getting a Social Security number (SSN), in particular, …

Minimum wage: Brush up on your legal obligations

09/01/2002
THE LAW. The federal Fair Labor Standards Act (FLSA) requires virtually all employers to pay at least a minimum wage, now $5.15 an hour, to all nonexempt employees. Many states also …

Just Say No to Rescinded Resignation

09/01/2002

Q. We have an employee who submitted a dated, signed resignation letter but then changed her mind and wanted the letter back. She was not a good employee, but we let her rescind the letter because we thought we’d be on shaky legal ground. Could we have held her to it? —M.L., Ohio

Comp Time for Exempt Workers: A Slippery Slope

09/01/2002

Q. Is it legal to give our full-time, salaried employees extra time off from work due to meetings and extra workload responsibilities? —C.E., West Virginia

When Can You Fire a Disabled Worker?

09/01/2002

Q. We’ve had a disabled worker on staff for five years. He’s consistently absent or tardy and has trouble working with others and keeping up his job duties. We adjusted his hours, but his poor work forced us to reassign some of his duties and even hire another person to help carry the load. What can we do? —F.F., Texas