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Employment Law

Don’t cut severance if it violates written contract

05/01/2003

Q. We need to change our severance policy, mostly due to declining business conditions. Can we reduce the severance amounts cited in employment agreements with certain staff as long as we notify them of the change? —J.C., Illinois

Most Nonprofits Aren’t Exempt From COBRA

05/01/2003

Q. We’re a nonprofit, and we offer health insurance to our employees. If an employee is enrolled in the health plan and voluntarily quits, are we required to offer COBRA? Or does our nonprofit status let us off the hook? —A.B., Tennessee

Workers can’t demand telecommute option

04/01/2003
Don’t be bullied by a disabled employee who says you must let her work from home as an Americans with Disabilities Act (ADA) accommodation. It’s true that a reasonable …

Ignore job titles; manager doesn’t spell ‘exempt’

04/01/2003
Don’t expect a job title to help you, or a court, determine an employee’s exempt or nonexempt status under the Fair Labor Standards Act (FLSA). A manager in name only doesn’t …

Keep medical data private, even if new HIPAA rules don’t apply

04/01/2003
We reminded you last month that companies sponsoring large health care plans must comply by April 14 with the new Health Insurance Portability and Accountability Act (HIPAA). Smaller plans must comply …

Age-based remark can spark lawsuit, even when made by older manager

04/01/2003
Respond to “age slurs” by any employees, even if the worker making the remark is older than the person who was slurred. As a recent case shows, over-40 employees can …

Shifting exempt staff to nonexempt duties is OK for occasional tasks

04/01/2003
Don’t fear asking your managers to sweep the floor once in a while. As this case shows, occasionally assigning menial tasks won’t automatically erase …

Don’t let weather closings bury you in pay confusion

04/01/2003
If your business closes because of bad weather, clear rules dictate who you must pay. First, exempt employees must receive their full salaries when bad weather …

You don’t have to offer FMLA leave to let worker travel with sick spouse

04/01/2003
Courts keep pushing the Family and Medical Leave Act (FMLA) boundaries, letting employees take job-protected leave for circumstances other than physically providing care to a sick family member.

Title VII remedies not available to church workers.

04/01/2003
The press secretary for Chicago’s Catholic bishop sued her employer, charging sex discrimination in violation of Title VII. But the court said she served a …