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Employment Law

Keep your nose out of employees’ off-duty activities

04/01/2000
The more you consider limiting the actions of workers while they’re off the clock, the closer you step toward a lawsuit. More than half the states have laws protecting …

Reservist leave: Know workers’ rights when duty calls

04/01/2000
Forget the image of the “weekend warrior” serving one weekend a month and two weeks a year in the National Guard or Reserves. Uncle Sam wants your employees …

Not everyone counts for COBRA threshold

04/01/2000

Q. This year our company may exceed 20 employees for the first time. Is it true that employers of 20 or more employees have to offer COBRA? Do part-time employees and independent contractors count toward that total? —M.K., Minnesota

You must pay for all work, even if it’s not authorized

04/01/2000

Q. In the October 1999 issue, you explained that nonexempt employees who work more than 40 hours in a week are entitled to overtime for all hours over 40, regardless of whether the overtime was authorized. Do we owe overtime if a nonexempt employee works more than his or her scheduled hours even if the total number of hours worked does not exceed 40? —J.P., Illinois

Check state law before asking about convictions

04/01/2000

Q. Our employment application asks whether the candidate has been convicted of a felony. Is it legal for us to ask this? If so, can we ask what the applicant has been convicted of and can that information be used as a basis for not hiring an individual? —C.H., Arizona

Don’t Ban Breast-Feeding if You Allow Baby at Work

04/01/2000

Q. Can we legally prohibit female workers from breast-feeding at work? —R.B., California

New risk: Workers can claim retaliation even if there’s no adverse job action

03/01/2000
Judy Morris’ supervisor at the county road department first evaluated Morris’ job performance as “excellent.” Later, he rated her as “very good.” The supervisor said …

Limit sensitive meetings to ‘need-to-know’ managers

03/01/2000
During a management meeting, an operations director warned Karen Bishop, a human resources manager, not to share information with another employee whom …

Apply consistent policy on employee searches, and get written OK first

03/01/2000
Elvis Stewart carried a duffel bag so he could change uniforms between working at a Taco Bell during the day and a McDonald’s inside …

Erratic attendance can disqualify employee from ADA protection

03/01/2000
Dan Jovanovic was one of the tool and die makers that kept the In-Sink-Erator manufacturing plant running. But Jovanovic had an erratic attendance record …