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Employment Law

A Costly Lesson in Allowing Off-the-Clock Work

06/01/2006

Make sure supervisors understand what counts as "paid time" and remind them that they should not encourage employees to work off the clock. Example of the risk: Compass Bank of Birmingham, Ala., recently shelled out more than $1 million in unpaid overtime to 2,961 employees …

Rid handbooks of risky outdated policies

06/01/2006

If it’s been awhile since the last overhaul of your employee handbook, you may be courting danger. Establish a regular revision schedule for your handbook, updating it once a year or whenever significant statutory changes occur …

Team-Building Events: Fun is good; employee humiliation is bad

06/01/2006

It’s summertime, and corporate thoughts turn to company picnics and outdoor morale-boosting efforts. One word of caution: If your team-building exercises go beyond three-legged sack races and into the realm of reality TV, you could be headed for a lawsuit …

Professional exemption limited when applied to medical staff

06/01/2006

Don’t assume that medical employees with advanced training and licenses meet the FLSA’s "learned profession" exemption, which allows employers to pay lawyers and doctors by the hour and still not pay them …

Clarify if (and when) employees can drive company car for personal use

06/01/2006

Don’t leave any wiggle room in your policies regarding when employees can use company vehicles for personal use. Make those policies clear and precise. If you don’t provide understandable direction to employees, a court could interpret that as implied consent …

Don’t editorialize about merits of employee complaints

06/01/2006

Process every employee complaint without commenting on its merits or on the potential consequences of making the complaint. Remind managers to do the same. Never make snide comments …

Handle absence problems correctly; learn ADA, FMLA interplay

06/01/2006

If an employee has attendance problems due to health issues, those absences may not be covered by the ADA even if they’re covered by the FMLA. That’s especially true if regular attendance is an essential job function …

Trauma of being fired won’t extend FMLA rights

06/01/2006

A new court ruling means you’ll face less worry about legal liabilities stemming from the psychological impact of firing employees on FMLA leave …

All day Sunday off may be a reasonable accommodation

06/01/2006

If you require employees to work Fridays, Saturdays or Sundays, be aware that some employees may object on religious grounds. If they do, you’re required by Title VII to make reasonable ccommodations for sincerely held religious beliefs. And, surprisingly, that right may extend to the entire day off, not just long enough to attend religious services …

Immigration: Congress weighs changes; feds threaten crackdown

06/01/2006

Immigration solidified itself as the top hot-button HR issue of 2006 last month. Amid the backdrop of immigrants’ rights rallies around the country, Congress is debating legislation that could add to employers’ duties and risks in policing immigration …