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Employment Law

Administrative staff: Who’s exempt, who’s not?

05/01/2001
Claims representatives at Farmers Insurance Exchange typically worked beyond 40 hours a week. But the company didn’t cough up overtime pay because it said those workers were …

Even religious groups can’t favor employees based on religion

05/01/2001
Diane Roh worked her way up to director of nursing at a nursing home affiliated with the Church of Christ. She wanted to join a program that would train her for …

Discipline, by any name, offers defense against bias claims

05/01/2001
When Hattie Star complained that a co-worker had grabbed her, Star’s supervisor confronted the alleged harasser and told him to stay away from her. The supervisor reported the allegations to his …

Growing threat: Courts uphold broad interpretation of retaliation

05/01/2001
John McMenemy was a lieutenant in the Rochester Fire Department as well as a union officer. He claimed the city twice passed him over for promotion because, while in his union …

Consistent policy, smart response get you off the hook for retaliation

05/01/2001
Barbara von Gunten’s job as an environmental health aide forced her to spend most of the year in a two-person boat collecting water samples. She accused her boat mate of sexual …

Keep age out of mix when deciding who gets education benefits

05/01/2001
Dan Esberg wanted to cash in on his company’s educational assistance program. The company paid Esberg $16,000 for his bachelor’s degree after he had turned 50. But when Esberg decided to …

Don’t assume whether or not workers can pass job tests

05/01/2001
Jade McKenzie never had a negative job review in 10 years with the county sheriff’s department. Then came a psychological meltdown prompted, in part, by post-traumatic stress related to childhood sexual …

State may trump your CBA on family leave.

05/01/2001
Under Oscar Mayer’s collective bargaining agreement (CBA), paid sick leave doesn’t start until at least the fourth day of absence. But Wisconsin’s labor department says that under the state’s family leave …

Confidentiality rules protect EAP counselors

05/01/2001
Employee assistance program (EAP) counselors are covered by the same privilege of confidentiality that’s granted to licensed psychotherapists, says the 9th U.S. Circuit Court of Appeals. This is the first time …

What equals a disability under the ADA? Supreme Court to rule

05/01/2001
The U.S. Supreme Court has agreed to tackle the vexing question of just how serious an impairment has to be before it’s protected under the Americans with Disabilities Act (ADA). Courts …