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Employment Law

Accommodate disabled workers, but don’t alter main job functions

08/01/2004
When employees request job accommodations for their disabilities, you must interact with them to find reasonable modifications. But it’s important to know how far your organization must stretch the job to …

Warn managers never to disclose medical info about former workers

08/01/2004
When checking applicants’ references, some employers like to do an “end run” around the HR department. They’ll call the applicant’s former supervisor directly to find out the dirt on the person. …

Base light-duty policy on business necessity; enforce it consistently

08/01/2004
Employers are very leery about firing pregnant employees, and rightly so. But don’t let your lawsuit fears paralyze you from taking legal, appropriate actions.
In short, federal law requires that …

Violent reaction from boss may trigger retaliation lawsuit

08/01/2004
If workers want to bring retaliation lawsuits against their employers, they must prove they suffered an “adverse employment action,” such as being fired, threatened or denied a promotion. But a court …

What will Congress do for (or to) your business for the rest of 2004?

08/01/2004
Don’t expect much action from Congress on employment-related law as its legislative year comes to a close. With election season heating up, members of Congress will want to press the flesh …

Trouble meeting Aug. 23 deadline on overtime rules? You’re not alone

08/01/2004
In April, the Labor Department unveiled new rules that redefine the Fair Labor Standards Act (FLSA) definitions of “exempt employees” (not eligible for overtime) and “nonexempt employees” (eligible for overtime) for …

Resumes that scream ‘I’m healthy’ can sicken hiring process

08/01/2004
Applicants will slap anything on their résumés if they think it will attract the recruiter's eye. So, recognizing the soaring cost of health insurance, more applicants are adding a Health Profile …

Protecting trade secrets: Loose lips sink your legal defense

08/01/2004
THE LAW. Today’s definition of trade secrets encompasses any information, technical or nontechnical, that your organization has reasonably protected and is valuable enough to give you an actual or potential …

Courts Differ on Half-Day Deduction Rules

08/01/2004

Q. You’ve said that a company can’t deduct a half-day for an exempt employee who has used all her sick and vacation time; it must be in full-day increments. But what if the employee hasn’t used all her banked sick and vacation time? Could an employer require the employee to use that instead? —S.V., North Carolina

Exemption Class Doesn’t Matter for Part-Timer

08/01/2004

Q. Does the new salary threshold of $455 a week (under which employees are automatically eligible for overtime) hold true even if the person works part time, say one or two days a week? We have employees who meet the professional exemption, but they work part time and wouldn’t reach the $455 threshold. —L.S., Pennsylvania