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Employment Law

Don’t let opinions of employees cloud your decisions

06/01/2006
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Inappropriate nicknames can lead to bias lawsuits

06/01/2006
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‘Excellent’ job review can still be considered retaliation

06/01/2006

Giving someone an "excellent" performance rating may seem like a nondiscriminatory act. But, as a new court case shows, high praise can still be deemed retaliation if the review is worse than a previous one and it hurts the employee’s ability to earn a bonus or promotion …

A Costly Lesson in Allowing Off-the-Clock Work

06/01/2006

Make sure supervisors understand what counts as "paid time" and remind them that they should not encourage employees to work off the clock. Example of the risk: Compass Bank of Birmingham, Ala., recently shelled out more than $1 million in unpaid overtime to 2,961 employees …

Rid handbooks of risky outdated policies

06/01/2006

If it’s been awhile since the last overhaul of your employee handbook, you may be courting danger. Establish a regular revision schedule for your handbook, updating it once a year or whenever significant statutory changes occur …

Team-Building Events: Fun is good; employee humiliation is bad

06/01/2006

It’s summertime, and corporate thoughts turn to company picnics and outdoor morale-boosting efforts. One word of caution: If your team-building exercises go beyond three-legged sack races and into the realm of reality TV, you could be headed for a lawsuit …

Professional exemption limited when applied to medical staff

06/01/2006

Don’t assume that medical employees with advanced training and licenses meet the FLSA’s "learned profession" exemption, which allows employers to pay lawyers and doctors by the hour and still not pay them …

Clarify if (and when) employees can drive company car for personal use

06/01/2006

Don’t leave any wiggle room in your policies regarding when employees can use company vehicles for personal use. Make those policies clear and precise. If you don’t provide understandable direction to employees, a court could interpret that as implied consent …

Don’t editorialize about merits of employee complaints

06/01/2006

Process every employee complaint without commenting on its merits or on the potential consequences of making the complaint. Remind managers to do the same. Never make snide comments …

Handle absence problems correctly; learn ADA, FMLA interplay

06/01/2006

If an employee has attendance problems due to health issues, those absences may not be covered by the ADA even if they’re covered by the FMLA. That’s especially true if regular attendance is an essential job function …