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Employment Law

Limits on comp time for exempt employees

05/01/2000

Q. One of my managers had to work on a holiday, and the hourly employee who worked with him got double time in addition to the holiday pay. When the salaried employee wanted to take time off shortly afterward, my boss said it was not legal to give him comp time—he would have to be paid for the holiday he worked. The employee would rather have time off. Is there no comp time for anyone? —J.W., North Carolina

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 …

You may have to pay for worker’s sexual harassment defense

05/01/2000
Russell Jacobus, the CFO of a six-person investment banking firm, had a friendly relationship with secretary Rosie Vera-Aviles that included sexual banter. At her request …

Don’t rely on blanket statement about applicant’s fitness

05/01/2000
Louis Holiday passed a written exam and physical agility test to become a police officer in Chattanooga, Tenn. After the interview, he had a conditional offer …

Straight talk, business reasons help shoot down bias lawsuit

04/01/2000
Vendors, customers and employees had complained about Jane Sturdivan, a 59-year-old office manager. But her fate was sealed when a 24-year-old office accountant …