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Employment Law

Can an employer deduct hours for employee meal breaks?

10/07/2008

Q. My company deducts 30 minutes from each day’s recorded time for employees’ meal periods. Is this proper? …

OK to waive workers’ comp?

10/07/2008

Q. Can an employee waive coverage under workers’ comp laws? …

How can we avoid wage-and-hour class action lawsuits?

10/07/2008

Q. I keep hearing about wage-and-hour class actions, where workers claim they were not paid properly because they were misclassified as exempt, not paid for all hours or not paid the correct overtime rate. What can I do to minimize this risk? …

What, if anything, should I do about off-work employee harassment?

10/07/2008

Q. An employee complained that co-workers made fun of her at an after-work bowling event. She says they made fun of her accent (she is an immigrant) and talked about sexual acts involving her. She is embarrassed now and does not want to work with the people involved. Do I need to look into this, or should I refuse because the incidents took place away from work? …

Holiday parties: Don’t let best of times become worst of times

10/07/2008

By exerting proper control over your holiday party this year, you can reduce everyone’s worries concerning the annual fete. Most important, careful planning will help your company avoid lawsuits as you ring in the New Year.

Document when you first told worker of termination

10/06/2008

Employees who have been terminated don’t have long to file a complaint about alleged discrimination. Employers that suspect they might be sued can capitalize on the short statute of limitations by starting the clock as soon as possible. Here’s how …

OK to fire slackers even if out on FMLA leave

10/06/2008

It’s a myth that being off on FMLA leave means an employee can’t be terminated. The employee can be—as long as the employer has good reasons for the termination. Being on FMLA leave doesn’t give someone immunity from being fired for incompetence …

DOL grills tortilla maker, gets agreement on back pay

10/06/2008

De Maiz Tortilleria, a tortilla production company in Pharr, Texas, has agreed to pay $401,314 in back wages to 133 employees following a U.S. Department of Labor investigation looking into allegations it violated the FLSA …

Policy not enough: Stamp out co-worker harassment or prepare for court

10/06/2008

It takes more than having a written policy to avoid liability for sexual harassment. If you back up your policy with regular training and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action …

Need a good reason to settle? How about saving huge attorneys’ fees?

10/06/2008

Employers who end up losing discrimination lawsuits don’t just pay their own legal fees—they often pay the winning side’s fees, too. Always consider the ultimate cost before rejecting a settlement offer, or before pushing your own attorneys to appeal a case.