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Employment Law

Look at big picture to determine ‘Primary Duty’

06/01/2004

Q. The duties test under the Labor Department’s overtime regulations talks about determining the employee’s “primary duty.” How do we determine that? —Marie, Pennsylvania

Your probation period: a lawsuit waiting to happen

06/01/2004

If your employee handbook or job-offer letters say new hires will face a probation period of, say 60 or 90 days, you should consider dropping that policy.

Give employees advance notice of pay changes

06/01/2004
Issue: Should you provide notice about commission-formula changes that could alter employees’ pay? Risk: If you rework pay formulas behind employees’ backs, you could bump up against state wage laws. …

To keep noncompetes legal, include fair restrictions

06/01/2004
Issue: Noncompete agreements are more easily signed than enforced. Risk: One sure way to crush your noncompete’s legality is to include overly restrictive time and geographical limits. Action: Make …

Payroll managers typically fall in nonexempt class

06/01/2004

Q. We have a payroll manager who handles our payroll and FMLA policies. In our last audit, we were told that because her primary duty is payroll, she did not fall under the administrative exemption. Is that true? —Juliette, Florida

New govt. rules redefine who’s eligible for overtime pay

06/01/2004
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Serious condition, not its symptoms, triggers FMLA

05/01/2004
The next time you consider a request for leave under the Family and Medical Leave Act (FMLA), remember this: For employees to be covered under the FMLA for their own “serious …

Telecommuters eligible for FMLA? Geography may be irrelevant.

05/01/2004
An account executive who telecommuted from her California home office sued her Kansas-based employer, claiming she was fired after taking FMLA leave to recover from surgery. The company said she was …

Cross-dressing at work isn’t protected by law.

05/01/2004
A hospital fired an ER doctor for violating its gender-specific dress code. The doctor had continued to wear nail polish, cosmetics and “visible female undergarments” after being warned that his appearance …

Parenthood: Walk the fine line between accommodation & bias

05/01/2004
Even if your state or local laws protect employees based
on their “marital status” or “family responsibilities,” that
doesn’t mean parent/employees can create their own schedule. You can still …