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Employment Law

Labor Dept: FMLA still a struggle but not a major growth barrier

03/01/2001
While the percentage of employers who say it’s difficult to comply with the Family and Medical Leave Act (FMLA) has increased in the past five years, few companies say the law …

Heed new OSHA rules for recording injuries, illnesses

03/01/2001
The Occupational Safety and Health Administration (OSHA) is giving employers until Jan. 1, 2002, to comply with revised rules for keeping track of workplace injuries and illnesses. Among the changes, the …

Stamp out harassment without trampling on free speech

03/01/2001
A CEO, an HR manager and an attorney walk into a bar …. If any joke in the workplace makes you think, “lawsuit!”, you aren’t alone. The laws requiring you …

Keep job open for worker called to jury duty

03/01/2001

Q. We are a small company and can’t afford to have an employee on extended leave. Can we legally terminate an employee who is called to jury duty and assigned to a lengthy trial? —J.W., New Jersey

Sales staff may be exempt from minimum wage

03/01/2001

Q. We are planning to change the pay of one employee from straight salary to a lower salary plus commission. How can we do this without violating wage law? —G.T., South Dakota

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 …