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Employment Law

Reverse age bias is rarely an issue with early retirees

01/01/2004

Q. Are there any specific rules defining “early out” retirement packages offered to employees? Our company is planning to offer early outs. Our criteria mandate that an employee must have worked 15 years and be at least 50 years old. But we have employees who have worked as long as 28 years, but fail to meet the 50-year-old criterion. Is this age discrimination in a reverse sort of way? —T.G., Florida

Barefoot, pregnant … and dragging you into court

01/01/2004
Issue: Even one offhand remark, if timed just right, can spell “discrimination.” Risk: Years of diligence in preventing discrimination among managers can go up in smoke instantly. Action: Advise …

When must you pay people for working while on break?

01/01/2004
Issue: Court ruling adds uncertainty to when you must pay hourly employees for work performed on their breaks. Risk: Liability for back and overtime pay. Action: Urge managers to …

6 ways to determine if you should pay ‘volunteers’

01/01/2004
Issue: More for-profit organizations are using “volunteers” to help in their normal course of business, and they’re taking a legal gamble. Risk: Back pay and FLSA claims. Action: Use …

Don’t mess with FMLA’s leave restrictions

01/01/2004
Issue: Courts continue to ambush employers’ attempts to tighten leave-notification procedures. Risk: Following a policy that violates federal law. Action: Route employee-absence calls to one person (possibly you) who …

Intentional ill will can lead to punitive damages

01/01/2004

Q. We’re being sued for discrimination. What circumstances would open us for punitive damages? —L.C., Massachusetts

Steer clear of these 7 red flags before you terminate

01/01/2004
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Don’t expect employees on FMLA leave to stay in bed

01/01/2004
Issue: Make sure you’re in the right before punishing people for ‘misusing’ FMLA leave. Risk: Tons in legal fees defending an arbitrary decision. Action: Make it clear to employees …

4 Tips for Choosing a Long-Term Care Insurance Plan

01/01/2004

Long-term care (LTC) insurance can offer a low-cost way to upgrade employee benefits. The benefits: reduced absenteeism due to employee caregiving duties and  tax benefits for some employers. Use these four strategies to decide whether sponsoring an LTC insurance plan makes sense for your organization …

Don’t try to ‘explain away’ overtime errors

12/01/2003
Counsel your managers to treat overtime complaints with respect, and avoid any cavalier statements or excuses about why someone hasn’t been paid overtime. Reason: You face big risks by making such …