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Employment Law

Update in works for FLSA computer professional exemption

11/23/2011
A bipartisan group of U.S. senators wants to update the definition for computer professionals under the Fair Labor Standards Act. Computer professionals who earn more than $27.63 per hour are currently exempt from the FLSA. But the bill’s sponsors claim the state of computer technology has rendered outdated old definitions of the IT profession.

EEOC: Brownsville butcher sexually harassed subordinates

11/23/2011
The EEOC is suing Country Fresh Market and Fredericktown Produce for sexual harassment after several women who work there filed complaints against the store’s head butcher.

Part-time after childbirth? Careful how you figure pay

11/23/2011
Here’s an unexpected factor to consider when an employee requests part-time work following childbearing leave: How you set her pay rate may create Equal Pay Act problems.

Is employee being set up to fail? Beware boss’s criticism of ‘soft’ skills

11/23/2011
Discrimination can creep into the workplace, even if on the surface there’s nothing blatantly offensive going on. There are still supervisors who treat subordinates poorly because of race or some other protected characteristic. That’s why HR should exercise caution before authorizing discipline against an employee who is meeting concrete goals like sales figures, but is being criticized for more general problems.

Tell supervisors: No matter the inconvenience, never interfere with employees’ FMLA rights

11/23/2011
Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.

Check eligibility before sending FMLA letter

11/23/2011
A federal trial court has ruled that FMLA-ineligible employees can sue if an employer erroneously told them they were eligible for leave and they relied on that information to their detriment.

Make sure employees understand FMLA calendar

11/23/2011
FMLA regulations give employers several options for calculating how much leave employees are entitled to at any given time. Which method should your organization select? That depends on how much record-keeping you want to do.

Legality of new union poster faces hearing; ruling by Jan. 31

11/22/2011
A court hearing is scheduled for Dec. 19 on two business-backed lawsuits challenging the legality of the National Labor Relations Board’s new requirement that U.S. employers display a new workplace poster describing employees’ union rights.

Don’t let the FLSA’s pay rules snow you under this winter

11/21/2011
Winter isn’t a challenging season just because of the lousy weather. It’s tough on payroll staff, who must ensure that the company’s pay policies jibe with the Fair Labor Standards Act when employees leave early, arrive late or just stay home because of snow. Here are the rules for nonexempts and exempts.

What are the rules on setting a late policy?

11/18/2011
Q. We would like to institute a rule subjecting em­­ployees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?