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Employment Law

State may trump your CBA on family leave.

05/01/2001
Under Oscar Mayer’s collective bargaining agreement (CBA), paid sick leave doesn’t start until at least the fourth day of absence. But Wisconsin’s labor department says that under the state’s family leave …

Confidentiality rules protect EAP counselors

05/01/2001
Employee assistance program (EAP) counselors are covered by the same privilege of confidentiality that’s granted to licensed psychotherapists, says the 9th U.S. Circuit Court of Appeals. This is the first time …

What equals a disability under the ADA? Supreme Court to rule

05/01/2001
The U.S. Supreme Court has agreed to tackle the vexing question of just how serious an impairment has to be before it’s protected under the Americans with Disabilities Act (ADA). Courts …

Exemption for computer staff only covers highly skilled

05/01/2001
The Fair Labor Standards Act’s overtime exemption for computer professionals is narrower than some employers assume, and high-tech employee groups are spreading the word. To be exempt from overtime pay …

Court gives green light to arbitration; but proceed with caution

05/01/2001
Don’t believe everything you’re hearing about the recent U.S. Supreme Court decision supporting arbitration in employment contracts. True, it gives you more freedom to require employees to settle disputes via …

‘Downtime’ pay: When to pay for travel, rest, on-call time

05/01/2001
It’s a deceptively simple concept: You have to pay nonexempt employees for every hour they work. But employers often trip over interpretation of that law when it comes to exceptions such …

Dress code can differentiate among workers’ positions

05/01/2001

Q. Can we set a dress code policy that bars visible tattoos and multiple piercing on our receptionist but not other workers who have less public contact? —D.O., Maryland

Keep pay in line with work performed

05/01/2001

Q. A salaried supervisor was unable to handle the stress of his job and requested a transfer. Six months ago, we moved him to a rank-and-file hourly position, but we left him at the higher salary. I think I’m being unfair to the other co-workers in that position. May I reduce his wages to the hourly rate? —C.T., Iowa

Paying for holiday work can endanger exempt status

05/01/2001

Q. Our company policy says employees who work on holidays are paid time-and-a-half. If an exempt employee works on a holiday, can I pay him time-and-a-half? —R.E., Iowa

Don’t let timecard mistake delay prompt payments

05/01/2001

Q. Because of a problem with timecards, we couldn’t tell how much pay we owed some employees. What is our obligation to pay employees if we can’t determine the exact number of hours worked? Is there any penalty for the delayed payment? — I.V., Wisconsin