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New York

Are your employees headed for overtime? Maybe not

09/01/2007

A Federal Court of Appeals recently ruled that auto mechanics paid on a flat-rate system are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The court found that the flat-rate system used in the auto repair industry is akin to a commission system for FLSA purposes. The case opens the door for some employers to restructure their pay system to avoid costly overtime …

Quitting without notice, but getting vacation pay?

09/01/2007

Q. Recently, one of my employees quit without giving notice. I was advised that under New York labor law, I have to pay all earned and unused vacation. Is this true? If so, what can I do to prevent this from happening in the future? …

Shorter vacation for part-Time employee?

09/01/2007

Q. Under New York law, must an employee who works part of the year be paid a prorated vacation? …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …

High court says Labor Dept. right to limit overtime for some

08/01/2007

The U.S. Supreme Court has ruled unanimously in a closely watched overtime case that employees classified as home health care workers aren’t entitled to some Fair Labor Standards Act (FLSA) protections …

Handful of absences not enough to prove actual disability

08/01/2007

Disabled employees are entitled to protection from discrimination, but they must prove that they are actually disabled under the ADA or the federal Rehabilitation Act. And that’s no easy task …

Employees must file discrimination cases within 180 days

08/01/2007

n a 5-4 ruling, the U.S. Supreme Court has handed employers a major victory. No longer will you have to worry that an employment decision you made years—even decades—earlier will come back to haunt you …

No pay due for time spent putting on standard safety gear

08/01/2007

In 2005, the U.S. Supreme Court issued a major decision on the applicability of the Fair Labor Standards Act  to paying workers for the time they spend putting on and taking off safety gear. Since then, employers have been understandably nervous about when to start paying …

Part-Time work seldom a reasonable accommodation

08/01/2007

Common sense says that an employee with full-time job responsibilities cannot perform that job on a part-time basis. But that’s essentially what disabled employees claim when they ask for a permanent reduced-hour schedule …

Filling out NASD Form U-5? For now, watch what you say

08/01/2007

A federal appeals court has asked the New York Court of Appeals for help with an important legal question and the answer may impact how you fill out National Association of Securities Dealers (NASD) forms when you terminate an employee with a securities license …