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Must you pay hourly staff for BlackBerry time?

07/17/2008
The answer isn’t clear, as ABC News recently learned. The media company said nonexempt writers wouldn’t be paid for those minutes spent checking their office-issued BlackBerry devices after regular work hours. But their union objected …

Simplify Employee Self-Reviews: A 3-Question Template

07/15/2008

An important—but often overlooked—step in performance appraisals is to ask employees to grade themselves. But don’t just give them the same appraisal form used by supervisors. Instead, use a separate form that allows them to recap their achievements, identify shortcomings and initiate discussions regarding their development.  A good self-evaluation form asks these three core questions … 

Investigate even when employee complains belatedly

07/14/2008

When it comes to reporting sexual harassment, employees have an obligation to use their employer’s complaint process, even if doing so may be uncomfortable. If they don’t, they may lose the right to sue for a hostile work environment. But what happens if an employee has tolerated mild harassment for years without complaining? …

The dastaar worked in ‘Aladdin’

07/14/2008
Musician Sukhbir Channa has filed a $1 million class-action lawsuit against Walt Disney World, claiming the park denied him employment because his Sikh religion requires him to wear a beard and a dastaar, or turban …

Is intermittent leave for childbirth OK? Only if you agree

07/11/2008
Here’s an uncommon FMLA question: Can a new father or mother return to work part time, taking intermittent FMLA leave? The surprising answer is no—unless the employer OKs it …

Consult attorney on union contract—Because every word counts

07/11/2008
If your organization just became a union shop, chances are you will soon be knee-deep in contract negotiations. Before you sit down and begin drafting language you think is reasonable, consider this: From now on, interpretation of workplace rules will probably be out of your hands and will rest with an arbitrator …

Investigate harassment even if employee complains belatedly

07/11/2008
What happens if an employee has tolerated mild harassment for years without complaining and then the behavior escalates? If the employee stops work, takes disability leave and then files a sexual harassment complaint, what should you do? …

Strong privacy policy can curtail rifling through files

07/11/2008
Employees who are involved in employment disputes often think they can simply gather up any evidence they find lying about and turn it over to their lawyers. Smart employers try to limit the damage that revealing such confidential information may bring by holding all employees to reasonable privacy and confidentiality rules …

Kansas Court of Appeals enforces covenant not to compete against physician

07/09/2008
In a case that’s good news for Kansas employers, the Kansas Court of Appeals reversed a lower court involving a restrictive covenant. The appeals court found that the noncompete agreement’s three-year term and liquidated damages provisions were enforceable.

Beware: You’re now strictly liable for supervisor harassment

07/08/2008
The Minnesota Supreme Court has ruled that sexual harassment cases brought under the Minnesota Human Rights Act should follow the rules laid out for federal Title VII sexual harassment cases. The decision means employers can do precious little to escape liability if a supervisor harasses a subordinate and then takes, or threatens to take, an adverse employment action against that employee …