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Employment Law

Is it legal to lower salesperson’s pay?

01/25/2012
Q. We are planning to change a salesperson’s pay from straight salary to a lower salary plus commission. Can we do this without violating wage laws?

Can we dock exempts for snow-day absences?

01/25/2012
Q. Due to recent snowstorms, some exempt employees have not been able to get to work. Can we dock the pay or accrued leave of employees who do not come to work? Can we do so even if the office is closed?

President proposes new pay rules for home health workers

01/25/2012

In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the DOL to change FLSA regulations covering home health care workers. Those workers have been exempt from the law since 1974 when the DOL lumped the workers into a “companion” category along with baby sitters and nannies.

Gov’t agencies: Time to rethink residency requirements?

01/25/2012
Many government agencies require applicants to live in the jurisdictions they will serve. There may be good reasons, too—like wanting public servants to understand the communities where they work or making sure they are available quickly in an emergency. That doesn’t mean those reasons won’t be challenged.

Consider having a witness to employee meetings

01/25/2012
When it comes to litigation, who said what is often the crux of the matter. That’s why it’s important to have a witness during any meeting involving bias complaints.

Beware making sudden changes in working conditions after employee announces pregnancy

01/25/2012
If a pregnant employee hears anything other than “Congratulations!” when she shares the news, she may get suspicious. And things will really get messy if the employee suddenly finds herself contending with schedule changes and comments indicating her pregnancy isn’t exactly welcome news.

Never automatically fire employees just because they exhaust FMLA leave

01/25/2012
Many employers wrongly assume that they can automatically terminate an employee once she used up her 12-week entitlement of FMLA leave. Such a policy could spell trouble.

Pennsylvania Human Relations Act doesn’t protect nonemployees from sexual harassment

01/25/2012

The Pennsylvania Human Rela­­tions Act makes it illegal for employers to subject employees to sexual harassment. But what if an employee harasses someone who does not work for the company? Does that make the em­­ployer liable? One court says no.

Big Pepsi settlement shows background check peril

01/25/2012
Pepsi Beverages will pay $3.1 million to resolve EEOC charges that it discriminated against minorities when it refused to hire applicants with arrest records.

Employee worked through break? You must pay

01/25/2012
Many employers automatically deduct meal period breaks from time worked to simplify wage-and-hour calculations. That’s fine, but you must make sure there is an easy way for employees who work through their meal breaks to report the additional paid time.