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Employment Law

Pay attention to rising complaints of ‘same-race’ bias

07/01/2004
Issue: Courts are seeing a spike in discrimination claims involving people of the same race.
Risk: Some supervisors wrongly ignore same-race complaints, believing, for example, that “blacks can’t discriminate against …

Don’t stretch truth in exchange for lawsuit waiver

07/01/2004
Issue: When will a court hold you to an employment contract? Risk: Promising a former employee that you’ll fudge the truth on job references in exchange for a lawsuit waiver …

More reason to stop harassment: Even ‘resignees’ can sue

07/01/2004
Issue: Whether employees who resign have the same right to file harassment lawsuits as those who are fired. Risk/benefit: A new Supreme Court ruling says “Yes,” quitters can sue. But …

Don’t pay for rest breaks beyond 20 minutes

07/01/2004

Q. Is it mandatory for a nonexempt employee to take at least a 20-minute meal break after working a certain number of hours? —M.M., Illinois

Choose bonus pay method and stick with it

07/01/2004

Q. Our company pays monthly bonuses to hourly employees based on the previous month’s performance. When calculating overtime, should the bonus pay be included only for the weekly payroll that contains those bonuses, or does it change the overtime rate for other weekly pay periods, as well? —A.A., Tennessee

Beware of disability-rights law during job interviews

07/01/2004
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What’s the cost of a chair? A lot less than a lawsuit

07/01/2004
Issue: Minor squabbles between employees and supervisors escalating into illegal “discipline.” Risk: If left unchecked, they can escalate, resulting in discrimination or retaliation claims. Action: Use the following case …

Use severance as a hiring tool; more applicants ask

07/01/2004
Issue: Survivors of recent layoffs are asking about severance plans before signing on. Benefit: More than ever, a good severance plan can help lure the best candidates. Action: Trumpet …

New OT rules: countdown to compliance

06/01/2004
The long wait is over. Now it’s time for you to act.
More than a year after proposing changes to the rules that define which employees are eligible for overtime …

Passing the ‘duties test’: new exemption definitions

06/01/2004
Under the new overtime rules, white-collar employees who earn less than $455 per week ($23,660 annually) are automatically eligible for overtime. Those who earn more than $100,000 and perform just one …