Employment Law

Treat unauthorized overtime as discipline issue

03/01/2001

Q. We verbally warned an employee not to work overtime. Recently, he claimed to have worked 56 hours straight, eating and sleeping only on regular break times. The timecards say he was here, but we don’t have any night staff, so we can’t verify if he was actually at work. Is there anything we can do? —S.T., Michigan

Commission must be paid at same time as wages

03/01/2001

Q. We have a written employment contract with a worker that includes her salary, but an additional sheet attached to that outlines the commission structure. If the employee resigns with a month’s notice, what is our obligation to pay approximately $10,500 in earned commissions? —P. D., Pennsylvania

Don’t shrug off same-race harassment

02/01/2001

Odis Ross’ boss at the county jail refused to call him Officer Ross. Instead, he addressed him as “black boy” and “nigger” and often referred to Ross’ wife, who is white, …

Leaving spot vacant won’t erase promotion bias

02/01/2001

Branford Dodoo, an African-American, was continually passed over for advancement at his place of employment. In one case, a promotion went to a younger white male who had been with …

Employee is covered under ADA if you perceive him to be disabled

02/01/2001

After downing at least nine beers during and after a company dinner, which followed a training program, Ray Zakaras spoke freely about his objections to the program and made rude comments …

Avoid equal pay suit by comparing employees’ duties, not titles

02/01/2001

Laurie Howard was promoted from secretary to HR coordinator for a United Technologies Automotive plant with 53 employees, all on salary. The head of the plant recommended she be promoted …

Inability to work overtime doesn’t mean worker is disabled

02/01/2001

As a senior train operations manager, Clyde Kellogg regularly put in 60 hours to 80 hours a week, including weekends, holidays and at home. That is, until he appeared to have …

Good planning limits fallout from FMLA misunderstandings

02/01/2001

Moira Kelly received an extension of her maternity leave, with one caveat. Her company informed her by letter that she was considered a “key employee” under the Family and Medical Leave …

Having a good business reason trumps speculation

02/01/2001

After Gary Rowe had a kidney transplant, his medication was costing his employer more than $1,000 a month, and his supervisor frequently asked about his condition. When that supervisor had to …

Fear of snakes doesn’t qualify as a disability

02/01/2001

After a hospital switchboard operator heard that a snake had been seen in her workplace, she became hysterical and took leave for several months. When she returned, she was transferred to …