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Employment Law

‘Volunteers’ at for-profit companies: Should they be paid?

03/01/2002
Traditionally, volunteers donate their time to nonprofit groups, like the American Red Cross, without an expectation of being paid. Such true volunteers aren’t covered by wage and hour requirements of federal or …

Capping Sick Pay

03/01/2002

Q. One of our managers has medical problems (she qualifies for the ADA and is in an age-protected class) and has used a significant amount of sick pay. Because we don’t have a defined sick pay policy, this manager is paid sick time whenever she’s out (full day or half day). How can we legally cap this? Is the development of a policy with specific hours our only alternative? —F.E., Georgia

Night-Shift Liability

03/01/2002

Q. Our company doesn’t have a policy on night shifts, but we’ve asked one of our hourly employees to work from 1 to 9 p.m. without any supervision. If something should happen to the employee while on night duty, are we liable for it? I’ve checked with my state labor department and workers’ comp office, and they say we’re not. —L.R., Florida

‘Working’ Supervisors and Exempt Status

03/01/2002

Q. We have an hourly worker who oversees both the maintenance and housekeeping departments and supervises two employees. In this job, he has the authority to hire and fire, but he also is a “working” supervisor who performs maintenance in and around the property. Can his status be changed to salary/ exempt? —T.W., Texas

Ex-employees: Gone but not forgotten Courts’ broader definition of ’employee’ expands your liability

02/01/2002
Who are your employees? Seems like a pretty simple question. But, as in several aspects of employment law, the answer may surprise you. Two recent court rulings illustrate how, in …

One instance of sex-based pay is enough to prove discrimination

02/01/2002
Despite having applied for the position of route manager, Michelle Hennick was hired for the lower-level job of new account specialist for Schwans, a direct frozen-food seller. Hennick later sued the …

Strict new definition of employee ‘disability’ means less fear of ADA

02/01/2002
Employers won a big victory last month when the U.S. Supreme Court made it tougher for workers with job-related physical impairments to claim protection under the Americans with Disabilities Act (ADA). …

High court: EEOC can circumvent arbitration pacts

02/01/2002
In another highly anticipated decision, the Supreme Court ruled last month that the U.S. Equal Employment Opportunity Commission (EEOC) can file lawsuits on behalf of workers who had previously given up …

Employees must ‘fess up about their need for leave

02/01/2002
Linda Collins’ attendance record at work was spotty at best. Her employer warned her more than a dozen times, including four formal warnings. But when she again called in sick two …

Tortoise to hare: EEOC speeds resolution of bias cases

02/01/2002
If an employee files a discrimination charge against you with the Equal Employment Opportunity Commission (EEOC), don’t expect the case to hang in limbo. Reason: The EEOC is processing new discrimination …