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Employment Law

Deducting leave for partial-day absences

02/01/2007

Q. Recently, we audited our jobs and determined that some employees were classified as hourly when they should be exempt. We reclassified them. But now, I have a question about handling time off for our newly exempt employees. By law, are we required to NOT charge an exempt person’s time if they’re out of the office for a half day? And if we do start charging an exempt person’s time (vacation or personal) if they miss an hour or two, are we setting ourselves up to be sued?

What are the costs for age-Discrimination sins?

02/01/2007

Q. If we’re sued for age discrimination, is the potential award limited to lost wages and benefits? Or can a court also award damages like pain and suffering? —D.B., Nebraska

Can we require salaried staff to make up lost time?

02/01/2007

Q. We’re a small company (fewer than 20 employees) and don’t keep time sheets. Our entire staff is salaried. We expect employees to make up personal time and sick time (neither of which affects their vacation time or holiday time). Are we wrong to expect that if a salaried employee takes two hours for a doctor’s appointment, he or she should make up that time later? —M.V., Florida

Traffic tardiness: Be consistent with punishments

02/01/2007

Q. How many times should we allow an employee to be late before giving an oral warning? We have a mandatory 8:30 a.m. production meeting. Everyone knows traffic is out of control, but most employees manage to arrive on time most of the time. Some are consistently late and constantly blame traffic. —J.A., California

Deducting partial-day absence from leave bank is OK

02/01/2007

You may assume that employers must pay exempt employees their entire salary even if they arrive late and leave early. Well, that’s only partially true …

Whistle-blowers protected only if concerns are in writing

02/01/2007

Florida’s Whistleblower Act protects employees only if they notify their employers of alleged wrongdoing before reporting it to authorities. That way, employers have a chance to correct the problem first …

Section 1981 bias law doesn’t cover national-origin claims

02/01/2007

Section 1981 of the Civil Rights Act of 1866 has become an increasingly common route for African-Americans to bring to federal court a variety of discrimination claims not covered by Title VII. But claims of national-origin discrimination aren’t allowed under Section 1981…

To defeat bias lawsuits, track all supervisors’ discipline

02/01/2007

Nothing will sink an employee’s discrimination case faster than evidence that you handed out punishment in the exact same doses to other employees as well …

Florida’s whistle-blower law doesn’t cover report of co-worker assault

02/01/2007

Florida’s Whistleblower Act protects employees from retaliation for bringing wrongdoing to the proper authorities’ attention. But the law covers only illegal activities that are purposely committed for the employer’s benefit …

No joking matter: Stuffed monkey costs official his $88,000 job

02/01/2007

Poor taste can be expensive. That’s what a Fort Pierce deputy building official learned after losing his $88,000 job over a two-inch stuffed monkey that he presented at a retiring director’s going-away party …