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Employment Law

Working overtime can be an essential function of the job

05/01/2000
Marvin Davis agreed to work overtime when he accepted a job under a collective bargaining agreement with Florida Power & Light Co. But after he aggravated his back …

You may have to pay for worker’s sexual harassment defense

05/01/2000
Russell Jacobus, the CFO of a six-person investment banking firm, had a friendly relationship with secretary Rosie Vera-Aviles that included sexual banter. At her request …

Don’t rely on blanket statement about applicant’s fitness

05/01/2000
Louis Holiday passed a written exam and physical agility test to become a police officer in Chattanooga, Tenn. After the interview, he had a conditional offer …

Independent contractor label is no protection from overtime

05/01/2000
In 1991, Perdue Farms Inc. changed the status of the chicken catchers at its poultry plants from employees to independent contractors, which made them ineligible …

Pay workers for travel time when you control their travel

05/01/2000
Royal Packing Co. required its agricultural employees to travel to and from the fields each day on company-provided buses. Employees met each morning …

Don’t lose your at-will right by guaranteeing a job for life

05/01/2000
Officials at the Huntsman Corp. allegedly told James Scott Wesson that he “would always have a job” there. But Wesson’s employment contract made no mention of lifetime employment. When the company …

Green light given for disparate mental, physical benefits

05/01/2000
Seven federal appeals courts have now ruled that the Americans with Disabilities Act doesn’t keep you from offering a different level of benefits …

Boost your immigration IQ

05/01/2000
There are six million illegal immigrants in the United States and tough federal sanctions against businesses that hire them. But your business can benefit from federal immigration law by taking advantage …

Limits on comp time for exempt employees

05/01/2000

Q. One of my managers had to work on a holiday, and the hourly employee who worked with him got double time in addition to the holiday pay. When the salaried employee wanted to take time off shortly afterward, my boss said it was not legal to give him comp time—he would have to be paid for the holiday he worked. The employee would rather have time off. Is there no comp time for anyone? —J.W., North Carolina

Be careful when altering pregnant worker’s pay

05/01/2000

Q. If a pregnant employee is salaried and is missing two days of work a week, can we legally make her an hourly employee? When the employee was hired, her contract should have been hourly. Is it legal to change the basis of her pay now? —C.H., Michigan