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Employment Law

FLSA: Child Labor Rules

02/25/2007

HR Law 101: The child labor provisions in the Fair Labor Standards Act restrict the amount of time and conditions under which minors age 17 and younger are permitted to work …

FLSA: Exempt vs. Nonexempt Workers

02/24/2007

HR Law 101: When a new hire comes on board, you must determine whether to classify him or her as exempt or nonexempt under the FLSA. The key consideration: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep …

FLSA: Classifying Exempt Workers

02/23/2007

HR Law 101: To be considered exempt from overtime, an employee must generally be paid on a salary basis and his or her job duties must meet the Labor Department’s standards for one of the six exemption categories. Use this self-audit to test whether you’re properly classifying your workers as exempt under the FLSA …

OSHA Penalties

02/18/2007

HR Law 101: Employers should be aware that OSHA violations carry civil and, in some cases, criminal penalties. The penalties vary and depend on the type of violation, its frequency and its severity …

AIDS Programs

02/17/2007

HR Law 101: As AIDS continues to affect all segments of the population, the workplace is feeling the consequences. Employers are now compelled to confront issues related to AIDS, such as employees’ fear of the disease, company policy decisions and benefit programs …

FMLA: Scheduling Foreseeable Leave

02/13/2007

HR Law 101: The FMLA allows employers to negotiate with employees about the time when they are going to take time off when the leave is foreseeable. The law says that employees should schedule their leave “so as not to unduly disrupt the employer’s operations” …

FMLA: Intermittent Leave

02/13/2007

HR Law 101: Generally, the FMLA entitles employees to take intermittent leave for medical treatment or other medical reasons, whether it’s for the employee or a family member. But there’s the potential for abuse when employees take intermittent leave … 

FMLA: Paid vs. Unpaid Leave

02/13/2007

HR Law 101: FMLA leave is unpaid time unless the employer voluntarily decides to continue paying the worker during the time off. You may insist that employees first use up all of their paid leave and count that toward their total FMLA time …

You must continue health insurance benefits during FMLA leave

02/13/2007
The same services your group plan provides to on-the-job employees must be available to those on FMLA leave.

FMLA: Reinstating Workers After Leave

02/12/2007

HR Law 101: When an eligible employee returns from FMLA leave, the employer must restore him or her to the same position or an equivalent one with equivalent benefits, pay and other terms and conditions of employment. The new position must involve the same or substantially similar duties, responsibilities and authority …