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Employment Law

Power to fire doesn’t qualify worker for executive exemption

02/01/2008

Although U.S. Labor Department regulations say exempt executives must supervise the equivalent of two full-time employees, that doesn’t mean an employee is exempt just because he has narrow authority over all employees within the company …

Stay out of court by establishing clear job-Posting rules

02/01/2008

If, like many organizations, you try to promote from within, make certain you have a clear process that someone in HR oversees. Otherwise, managers and supervisors who have specific people in mind for promotion may “tip off” some employees while leaving others in the dark, opening the possibility of discrimination claims …

Similar jobs with different pay may be EPA trap

02/01/2008

Here’s a trap that may catch you unaware unless you regularly compare jobs and who actually holds the positions. If two jobs are roughly comparable, but mostly women hold one of the jobs and mostly men hold the other and you pay one more than the other, you are asking for trouble …

You can require ‘Cultural authenticity’ in some circumstances

02/01/2008

Some retail and service establishments strive to create an authentic experience for their customers. That may mean they seek out employees who can best create that experience. That “cultural authenticity” may be a bona fide occupational qualification, and rejecting applicants who don’t fit the mold may be legal. But don’t go overboard and eliminate everyone who doesn’t look or act authentic …

Employee or independent contractor? Control is key issue

02/01/2008

Employees are entitled to minimum wage and overtime pay under the Fair Labor Standards Act. Independent contractors are not. That difference can save companies hundreds of thousands of dollars on their labor budgets—but only if they really are using independent contractors. But if those “independent contractors” are actually employees, they can sue for unpaid wages and overtime …

Maintaining employee’s dignity is key to avoiding constructive discharge

02/01/2008

Often, constructive discharge cases grow out of a disciplinary process rife with harassment. An employee may suspect that his employer is trying to get him to quit. If a jury agrees, that can mean a large damage award. To cut the risk, have HR administer any discipline, and do so in private and in a way that preserves the employee’s dignity …

If you ignore legal notice, you lose

02/01/2008

Ignoring any legal papers that land on the receptionist’s desk may spell big trouble. If you don’t answer a lawsuit in time, whoever filed the lawsuit gets an automatic win …

Parks manager pleads guilty to downloading child porn

02/01/2008

Hillsborough County Parks Manager Thomas Goins is in jail after pleading guilty to downloading child pornography. A co-worker who found disturbing images on Goins’ work laptop alerted authorities …

Jacksonville pastor faces sexual misconduct charges—Again

02/01/2008

Darrell Gilyard, head of 700-member Shiloh Metropolitan Baptist Church, is in hot water for a second time over charges of sexual misconduct with members of his flock …

Court reverses Siplin’s campaign misconduct conviction

02/01/2008

A state appeals court has overturned a felony theft conviction against state Sen. Gary Siplin, ruling that an Orlando jury wrongly convicted him of having employee Naomi Cooper do campaign work on state time …