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Employment Law

Must we pay for unauthorized overtime?

02/22/2010

Q. Without authorization, one of our employees worked extra hours this week, even though we told everyone they needed approval to work overtime. Are we required to pay overtime for the unauthorized hours?

During an interview, can employers ask about ability to comply with attendance rules?

02/22/2010

Q. Can an employer ask a job applicant whether he or she can meet the company’s attendance policy?

FMLA: Revised Regulations

02/19/2010

HR Law 101: The U.S. Department of Labor’s revised FMLA regulations took effect Jan. 16, 2009. Here’s a summary of the most important changes.

IRS explains how to legally fix deferred comp plans

02/19/2010

It’s fairly easy to make mistakes with complex deferred compensation plans that dish out compensation to employees at a future date. Good news: The IRS last month published new guidance to help employers comply with the rules, covered under Section 409A of the tax code.

Workers coming in early to fire up their computers? You must pay them

02/18/2010

If your managers tell employees to show up a little early to start their computers and get ready to work, that time must be compensated. That’s true even if you don’t absolutely demand early arrival, but internal systems make it tough for employees to begin their shifts if they don’t arrive early.

Workers in early to fire up computers? You must pay

02/18/2010

If you ask workers to show up a little early to start their computers and get ready to work, be prepared to pay them for that time or risk getting sued. How to avoid such lawsuits: Design better systems so prep time is minimal—but still paid. Or simply start the actual shift a few minutes after paid time begins.

Not rehiring FMLA leave-taker? Document why

02/16/2010

Employees who run out of FMLA leave and are fired under a policy requiring mandatory dismissal for excessive absences may be invited to apply for other open positions when they recover enough to work. Be careful how you handle those reapplications, especially if one of the terminated employees was off because she was pregnant and ran out of leave before being able to return.

Labor alert! The NLRA can apply to nonunion employers, too

02/16/2010

You’re probably familiar with the legislative fight brewing over the proposed Employee Free Choice Act. That debate has spotlighted a fact many employers don’t realize: Nonunion employers must comply with requirements of the National Labor Relations Act. To help you comply, here are the major traps to watch for.

Fed contractors will have to post ‘right to unionize’ notice

02/16/2010

New regulations will require organizations with federal contracts worth $100,000 or more to post a notice outlining employee rights to organize and stating the federal government’s policy encouraging union membership. For more information, visit www.dol.gov/olms.

New studies tarnish the image of color-blind and race-blind judges

02/16/2010

Here’s something to consider the next time you’re pondering whether or not to settle an employment lawsuit: A pair of new studies say that a judge’s race and gender can make a huge difference in the outcome of the cases he or she hears.