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Employment Law

Fix classification errors promptly or ‘window of correction’ will close

06/01/2000
A group of managers and registered nurses who worked for Santa Clara County, Calif., were classified as exempt under the Fair Labor Standards Act (FLSA), making …

Courts split on damages for FLSA retaliation

06/01/2000
Brian Snapp’s boss fired him after finding out Snapp had complained to the U.S. Labor Department that the company violated federal wage laws. A jury awarded Snapp …

Employee leave: Step carefully through maze of FMLA, ADA

06/01/2000
When a worker requests a leave of absence for a medical condition, it can be downright puzzling to balance the different requirements …

Comparing leave time under FMLA, ADA

06/01/2000
FAMILY AND MEDICAL LEAVE ACT Applies to: Employers with 50 or more employees working within a 75-mile radius of the work site during each of 20 or more workweeks …

Be careful when altering pregnant worker’s pay

05/01/2000

Q. If a pregnant employee is salaried and is missing two days of work a week, can we legally make her an hourly employee? When the employee was hired, her contract should have been hourly. Is it legal to change the basis of her pay now? —C.H., Michigan

Don’t ask reference things you wouldn’t ask candidate

05/01/2000

Q. I know that it’s illegal to ask applicants certain questions, like whether they are married. Are there any questions I can’t ask a previous employer or reference? —F.T., Maine

Employee car accident may spell liability for company

05/01/2000

Q. An employee injured on the job recently was transported to the hospital by a co-worker. On the way back to work, they were in a car accident and both employees tested positive for illegal substances. What is our total liability? What can companies do to protect against this scenario? —T.K., Ohio

Don’t let tummy aches turn into entitlements

05/01/2000
Katherine Thorson was fired for excessive absenteeism after missing four days of work due to stomach cramps and medical tests. All of her tests were normal, but weeks later (after her …

Have clear conduct rules or risk ADA nightmare

05/01/2000
A fight with a co-worker drove Manuella Dionisio Reed to tears. She was so upset that she had to leave work and ended up in the hospital for days. Reed, …

Working overtime can be an essential function of the job

05/01/2000
Marvin Davis agreed to work overtime when he accepted a job under a collective bargaining agreement with Florida Power & Light Co. But after he aggravated his back …