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Employment Law

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

Managers’ anti-mom stances can count as discrimination

08/01/2004
Issue: Managers who make assumptions about employees’ abilities to perform the job during and after pregnancy. Risk: A manager’s offhand remark …

Why you need a forfeiture clause in every job contract

08/01/2004

If your organization writes employment contracts for key employees, it may be making one costly mistake: unconditionally guaranteeing salary and benefits to employees, even if they commit misconduct that would warrant firing …

You now can bar ‘friends’ from discipline inquiries

08/01/2004
Issue: When you interview employees about potential misconduct, can they bring a co-worker to the meeting? Benefit: A federal labor panel …

Resignation Notice Policy May Not Be Enforceable

08/01/2004

Q. Is it legal to require management employees to give us a longer resignation period than other employees? —M.L., Missouri

ADA doesn’t give employee freedom to redefine his job

08/01/2004

Q. One of our employees has been out on disability leave for almost 16 months. He says he wants to return to work, but only if we give him a supervisory position without a lot of strenuous activity. We have no such position available. We’ve offered him other positions, but he’s refused them all. Can we legally terminate him? —L.B., North Carolina