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Employment Law

Will your anti-retaliation policy pay off?

04/01/2005
When it comes to handling employee complaints of unfair treatment, you’d better have a policy and a procedure in place to handle retaliation claims.
That’s the $520,000 message a federal …

You can adjust salaries based on occasional business ups and downs

04/01/2005
Employees must be paid on a “salary basis” to be declared exempt from overtime pay under the Fair Labor Standards Act (FLSA). In the past, some employers tried to evade that …

Accommodate employee health issues, but don’t ‘play doctor’

04/01/2005
When employees suffer health problems that affect their work and could trigger ADA protection, you should start the interactive process and explore possible accommodations. But make sure your supervisors know not …

3 provisions NOT to include in your sexual harassment policy

04/01/2005
Some judges interpret policies, including those on sexual harassment, as enforceable contracts between employer and employee. To prevent charges that you didn’t live up to your side of the bargain in …

Make sure the employee is qualified before approving an FMLA request

04/01/2005
Take extra time to review an employee’s eligibility and certification for FMLA leave at the time of the request, not later.
As a new court ruling shows, employers who approve …

Asking for test results is OK in cases of business necessity

04/01/2005
When an employee encounters a medical problem, don’t fear asking for more details or requiring medical tests, as long as you can prove that your requests are focused on whether the …

Personality tests don’t trammel constitutional rights, but beware risks

04/01/2005
Many employers use personality tests to identify job-related characteristics, such as maturity or emotional stability. But these tests can carry legal risk when applied incorrectly.
If you use personality tests, …

High court to answer ‘donning’ and ‘doffing’ questions

04/01/2005
The U.S. Supreme Court agreed last month to take up cases that could affect your payroll practices under the Fair Labor Standards Act (FLSA), particularly if you employ people who must …

New law aims to stem the tide of mega class-action lawsuits

04/01/2005
Employers won a big victory when President Bush signed legislation
Feb. 18 that aims to inject more fairness in the class-action lawsuit arena. The Class Action Fairness Act of 2005 …

Union, no! Less reason to fear union-organizing campaigns

04/01/2005
The Bureau of Labor Statistics (BLS) says union membership fell to 12.5 percent of all U.S. employees last year, down from 12.9 percent in 2003. That’s the lowest percentage of union …