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Employment Law

Keep job open for worker called to jury duty

03/01/2001

Q. We are a small company and can’t afford to have an employee on extended leave. Can we legally terminate an employee who is called to jury duty and assigned to a lengthy trial? —J.W., New Jersey

Sales staff may be exempt from minimum wage

03/01/2001

Q. We are planning to change the pay of one employee from straight salary to a lower salary plus commission. How can we do this without violating wage law? —G.T., South Dakota

Treat unauthorized overtime as discipline issue

03/01/2001

Q. We verbally warned an employee not to work overtime. Recently, he claimed to have worked 56 hours straight, eating and sleeping only on regular break times. The timecards say he was here, but we don’t have any night staff, so we can’t verify if he was actually at work. Is there anything we can do? —S.T., Michigan

Commission must be paid at same time as wages

03/01/2001

Q. We have a written employment contract with a worker that includes her salary, but an additional sheet attached to that outlines the commission structure. If the employee resigns with a month’s notice, what is our obligation to pay approximately $10,500 in earned commissions? —P. D., Pennsylvania

Don’t shrug off same-race harassment

02/01/2001
Odis Ross’ boss at the county jail refused to call him Officer Ross. Instead, he addressed him as “black boy” and “nigger” and often referred to Ross’ wife, who is white, …

Leaving spot vacant won’t erase promotion bias

02/01/2001
Branford Dodoo, an African-American, was continually passed over for advancement at his place of employment. In one case, a promotion went to a younger white male who had been with …

Employee is covered under ADA if you perceive him to be disabled

02/01/2001
After downing at least nine beers during and after a company dinner, which followed a training program, Ray Zakaras spoke freely about his objections to the program and made rude comments …

Avoid equal pay suit by comparing employees’ duties, not titles

02/01/2001
Laurie Howard was promoted from secretary to HR coordinator for a United Technologies Automotive plant with 53 employees, all on salary. The head of the plant recommended she be promoted …

Inability to work overtime doesn’t mean worker is disabled

02/01/2001
As a senior train operations manager, Clyde Kellogg regularly put in 60 hours to 80 hours a week, including weekends, holidays and at home. That is, until he appeared to have …

Good planning limits fallout from FMLA misunderstandings

02/01/2001
Moira Kelly received an extension of her maternity leave, with one caveat. Her company informed her by letter that she was considered a “key employee” under the Family and Medical Leave …