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Employment Law

Prepare to disclose more details on exec compensation

09/01/2006

Public companies must start providing a clearer picture of their top executives’ total compensation in accordance with new Securities and Exchange Commission (SEC) rules released in late July …

Will Maryland court ruling stop ‘Wal-Mart health care’ laws in other states?

09/01/2006

Wal-Mart won a major victory this summer in the continuing battle against state lawmakers who want to impose benefit mandates on U.S. employers. Only time will tell whether that victory discourages other state legislatures from pursuing similar actions …

Heed IRS warnings about independent-contractor errors

09/01/2006

The IRS issued a fact sheet this summer to remind employers to correctly classify workers as either independent contractors or employees. (IRS FS-2006-21) The main factor in making that decision: control …

5 tricky issues in accommodating mental disabilities

09/01/2006

A top-performing employee is diagnosed with depression and now says her medication makes it impossible for her to make it to work on time. Must an employer change her work schedule? A job applicant volunteers that he is intellectually disabled but says he can perform his job with a job coach. Is that a reasonable accommodation? Are you prepared to answer those questions … and more?

Résumé-Screening software: legal risks and precautions

09/01/2006

The federal job anti-discrimination law (Title VII of the Civil Rights Act) prohibits two types of discrimination: disparate treatment and disparate impact. Because automated tests, such as résumé-screening programs, are blind to applicants’ race, religion, gender and national origin, they likely can’t create a disparate-treatment case. However, such programs can still have a disparate impact on minorities …

Run FMLA time concurrently with sick leave

09/01/2006

Q. We have an employee who is going to be out eight weeks for a qualifying serious health condition. The employee isn’t requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they meet the qualifications? —C.T., Georgia

Don’t push an employee toward disability leave

09/01/2006

Q. We have an employee (an officer at the bank) who was out six months with a heart condition. He has had performance problems on and off since then. He was hospitalized again with pneumonia and returned looking very bad, but his doctor says he’s fine to return to work.  We approached him about taking disability and SSI benefits, but he refuses. Now we face a morale issue because he constantly talks about his illness and his co-workers feel he isn’t performing. If we terminate him, what is the best approach? —C.T., N.J.

Obtain written OK for wage deductions

09/01/2006

Q. Our company allows employees to purchase products on an installment basis. When employees quit and haven’t yet paid the full amount, can we deduct the remainder due from their last paycheck?—K.M., Pennsylvania

Rein in Rogue ‘Early-Clockers’

09/01/2006

Q. We’ve repeatedly warned a part-time employee about clocking in earlier than he’s supposed to, sometimes more than an hour early. We know that we have to pay him for any hours worked, but what can we legally do to get him to work only the hours set for his position? —L.K., Missouri

Tighten policies on laptop usage and security

09/01/2006

An increase in laptop thefts and several new state laws on data-theft disclosure are pushing more U.S. employers to establish tougher security policies for employees’ laptops, PDAs and other tech devices …