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Employment Law

Employee’s comment can serve as harassment ‘Notice’

01/01/2007

It doesn’t take much for employers to become liable for sexual harassment once someone in authority knows (or should have known) about the probability that harassment will occur. Actual knowledge that harassment has occurred isn’t necessary. In fact, liability can be triggered by something as minor as an employee’s comment that she is “uncomfortable” around a co-worker …

Court gives employees more power in age-Bias cases

01/01/2007

When employees file age-discrimination lawsuits, their lawyers may try to bolster the case by seeking out co-workers who have the same complaint …

Upcoming Supreme Court ruling could open floodgates for pay-Bias lawsuits

01/01/2007

Hold onto those performance evaluations and internal memos that justify pay decisions a little longer. This is not the time to do a massive purge of employee files. Reason: An important U.S. Supreme Court case will decide how much time employees have to file charges alleging pay discrimination …

Store managers can meet executive exemption without constant on-Site supervising of staff

01/01/2007

The U.S. Labor Department issued an important opinion letter recently that clarifies the criteria that store managers must meet to qualify for the executive exemption under the Fair Labor Standards Act. (Opinion Letter FLSA 2006-35) …

Want to change the FMLA? Here’s your chance

01/01/2007

After years of delay and missed deadlines, the U.S. Labor Department appears ready to move ahead with its promised update to FMLA regulations. But before it breaks out the red pen, the agency is seeking input from employers and other interested parties …

Does your Web site discriminate against the disabled?

01/01/2007

Until recently, companies that sold products and services over the Web didn’t feel that the ADA applied to them, meaning they weren’t required to make their sites accessible to visually impaired or disabled people. But a lawsuit against Target stores has Web retailers rethinking that assumption …

Overtime lawsuits rising: Don’t become the latest target

01/01/2007

The U.S. Labor Department revamped the FLSA regulations in 2004 to help employers and employees understand the rules better. But, so far, the HR world has only seen more overtime lawsuits, not less …

Can you convert all employees to nonexempt?

01/01/2007

Q. For years, we’ve always had salaried employees. But we have many employees who always come in late and leave early. This is hard to track. We are thinking of making them hourly employees and getting a time clock. If I make them all hourly employees, I know that I have to pay overtime, but it might be worth it. Can I legally change their status from exempt to hourly, or are some employees required to be salaried? —B.B., New York

Do holidays count toward FMLA leave?

01/01/2007

Q. Are holidays that fall within the scheduled FMLA leave counted as leave? —L.F., Washington

Offering health coverage only to select employees

01/01/2007

Q. We currently provide health insurance for 20 employees who work full time (40 hours per week all year). We have some clerical staff who work less than 40 hours per week and aren’t eligible for insurance. We also have professional tax preparers who work many hours during tax season, but only 10 to 20 hours the rest of the year. Can we legally add just the tax preparers to our health insurance and not the clerical staff? —R.M., Pennsylvania