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Employment Law

Hiding behind staffing agency won’t protect you; temps can sue, too

02/01/2005
Don’t treat temporary workers like second-class citizens when it comes to complying with employment laws. Contrary to popular belief, your organization isn’t protected from job-discrimination lawsuits simply because the workers affected …

Don’t extend disciplinary periods due to FMLA or military absences

02/01/2005
When employees are covered under the Family and Medical Leave Act (FMLA) or military-leave laws, you’re not allowed to count their legally protected absences in any negative way.
Pay special …

Focus on concrete qualifications in hiring, not esoteric ‘chemistry’

02/01/2005
Employers “hire for fit” all the time. But sometimes, a fine line exists between basing decisions on job-related qualifications and the employer’s “gut feelings” about the applicant. The problem: That gut …

Employ teens? Review new list
of ‘too dangerous’ positions

02/01/2005
The U.S. Labor Department unveiled new limitations on the type of responsibilities you can hand teen employees in certain industries. The new regulations, which take effect Feb. 14, revise child-labor rules …

Encourage staff volunteerism, but don’t link it to pay, promotion

02/01/2005
Heads up: More employers are heaping legal trouble on themselves by tracking employees’ volunteerism ef-forts and, in some cases, using that information (either directly or indirectly) as a prerequisite for promotions …

New rules make 401(k) plans easier to administer

02/01/2005
Your organization’s 401(k) plan should be a bit less complicated to administer in the coming years, thanks to new Treasury Department regulations.
The new rules, the first major revision of …

Overrelying on employee referrals? Beware of the legal risks

02/01/2005
Employee-referral programs have become one of the most successful and least expensive recruiting strategies. But even with their popularity, employee-referral programs can be double-edged swords.
Relying too much on employee …

ADA: How far must you go to ‘reasonably’ accommodate?

02/01/2005
THE LAW. The Americans with Dis-abilities Act (ADA) says employers can’t discriminate against employees who have physical or mental disabilities, and you must help them perform the critical functions of …

Travel Time Is ‘Work Time’ if It Cuts Across Workday

02/01/2005

Q. We hired a new branch manager in a one-person office in another town. Because she earns $19,240 a year, she doesn’t meet the new annual threshold of $23,660 for exempt status, correct? Several times a year, she escorts trips involving overnight stays. While she’s out, she forwards her calls to the host office and closes her doors. How do we compensate her? Am I right that she has to be considered "hourly"? And how do we compensate for the overnight and travel time? —K.H., Kansas

Beware time clock ’rounding’ errors; push for an upgrade

02/01/2005
Issue: The legal and financial hazards of an improperly programmed time clock.
Risk: Thousands in back pay and government penalties, in addition to unwanted publicity.
Action: Audit your timekeeping …