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HR Management

English-Only Rule Is Legal in Rare Circumstances

08/01/2002

Q. Is it legal for our company to require employees to speak only English at work? —B.K., Idaho

Employ workers outside America? Two rulings boost your legal risks

07/01/2002
1. EU harassment rule. Employers in Europe will need to do a better job of preventing sexual harassment. Reason: A newly approved European Union (EU) directive, which takes effect in 2005, …

High court ruling forces longer retention of records

07/01/2002
In another ruling last month, the Supreme Court said employees in some cases can file discrimination charges even if allegations fall outside the statute of limitations. Under Title VII, employees …

I-9 form: Feds give mixed message about which IDs you can accept

07/01/2002
When filing Employment Eligibility Verification forms (I-9s) for new hires, you may be unknowingly accepting documents that no longer are allowed. Reason: The I-9 version that em-ployers are given and …

Include temp workers in anti-harassment policy

07/01/2002
Nearly 70 women who worked as temporary on-site telemarketers at a Chicago car dealership filed a class-action lawsuit in federal court, claiming widespread sexual harassment by the dealership’s management. Most of …

You’re free to adjust benefit plan without fear of FMLA suit

07/01/2002
When it merged with another bank, Wells Fargo replaced its traditional employee sick- and vacation-leave policy with a paid-time-off (PTO) program and a short-term disability plan. A PTO policy combines annual …

Don’t stack the deck in arbitration

07/01/2002
Daniel Murray, a full-time union organizer, signed a mandatory arbitration agreement as a condition of employment. The pact said arbitrators would be chosen from a list provided by his employer and …

Eligibility for Holiday Pay Is Your Call

07/01/2002

Q. Is there a law that states the number of hours necessary to be considered full time for being eligible for paid holidays? Our handbook says an employee who works fewer than 40 hours a week is considered part time. An employee who works 34 hours a week wonders if he should be eligible for paid holidays. Our handbook says he’s not. Is that OK? —B.D., Michigan

Avoid Two-Tier Benefit Policy

07/01/2002

Q. We offer all employees two weeks’ paid vacation a year. If an employee chooses a 100-percent, full-commission pay structure, how should we set her pay for vacation? The employee wants to take her annual pay divided by 52 weeks, but we feel that’s unfair to the employees who are on salary plus commission, because their vacation pay is based on their base salary divided by 52 weeks. Is there a correct and legal way to figure this? —R.D., Florida

Be Cautious in Requiring Payment From ‘Short’ Cashier

07/01/2002

Q. Management wants to institute a policy that requires cashiers whose registers are short at night’s end to replace the disputed amount out of their own pockets. Does this violate the law? —B.B., New York