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Employment Law

You can exclude vacation pay from ‘Regular rate’

03/01/2005

Q. When we are figuring employees’ base pay for overtime calculations, can we exclude their vacation pay? —R.J.D., South Dakota

Male managers: Don’t ‘lighten up’ on females’ reviews

03/01/2005
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The new legal risk of overworking bilingual employees

03/01/2005
Issue: Overburdening employees because of their language abilities.
Risk: Relying too heavily on bilingual employees could spark a national-origin bias lawsuit.
Action: Remind supervisors to be on guard against …

Employee can’t ‘play nice’ with others? He may be ‘disabled’

03/01/2005
Issue: Which mental impairments are considered “disabilities” covered by the ADA?
Risk: An employee’s troubles interacting with co-workers may, by itself, allow the employee to claim disability status.
Action: …

Review workplace treatment of Hispanic employees

03/01/2005
Reason: The federal government is reaching out to Hispanic people to make them more aware of their workplace rights. Latest effort: The EEOC launched a new Spanish-language version of its Web …

The new risks of premature job offers

02/01/2005
Rescinding job offers just got more legally dangerous. As incredible as it sounds, if you pull the rug out from a candidate’s job offer, the person may be able to sue …

Small changes to returning worker’s job are OK

02/01/2005
When employees return to work after taking leave under the Family and Medical Leave Act (FMLA), you must restore either their original job or an equivalent job with the same pay, …

Scent or sensitivity? ‘Bad smell’ accommodation isn’t automatic

02/01/2005
Say you have an employee who complains that certain workplace smells make him or her sick. If the employee asks for an accommodation to block out the offending odors, must you …

Jobs must be ‘virtually identical’ (not similar) to bring equal-pay claim

02/01/2005
Don’t be afraid to set different salary levels for employees who hold the same title. Different pay for the same job title is fine as long as you can prove that …

Employee (not you) is responsible for filing FMLA certification on time

02/01/2005
When employees take medical leave under the Family and Medical Leave Act (FMLA), you can require them to give you a doctor’s certification that confirms the medical problem. You must give …