Employment Law

Night-Shift Liability

03/01/2002

Q. Our company doesn’t have a policy on night shifts, but we’ve asked one of our hourly employees to work from 1 to 9 p.m. without any supervision. If something should happen to the employee while on night duty, are we liable for it? I’ve checked with my state labor department and workers’ comp office, and they say we’re not. —L.R., Florida

‘Working’ Supervisors and Exempt Status

03/01/2002

Q. We have an hourly worker who oversees both the maintenance and housekeeping departments and supervises two employees. In this job, he has the authority to hire and fire, but he also is a “working” supervisor who performs maintenance in and around the property. Can his status be changed to salary/ exempt? —T.W., Texas

Ex-employees: Gone but not forgotten Courts’ broader definition of ’employee’ expands your liability

02/01/2002

Who are your employees? Seems like a pretty simple question. But, as in several aspects of employment law, the answer may surprise you. Two recent court rulings illustrate how, in …

One instance of sex-based pay is enough to prove discrimination

02/01/2002

Despite having applied for the position of route manager, Michelle Hennick was hired for the lower-level job of new account specialist for Schwans, a direct frozen-food seller. Hennick later sued the …

Strict new definition of employee ‘disability’ means less fear of ADA

02/01/2002

Employers won a big victory last month when the U.S. Supreme Court made it tougher for workers with job-related physical impairments to claim protection under the Americans with Disabilities Act (ADA). …

High court: EEOC can circumvent arbitration pacts

02/01/2002

In another highly anticipated decision, the Supreme Court ruled last month that the U.S. Equal Employment Opportunity Commission (EEOC) can file lawsuits on behalf of workers who had previously given up …

Employees must ‘fess up about their need for leave

02/01/2002

Linda Collins’ attendance record at work was spotty at best. Her employer warned her more than a dozen times, including four formal warnings. But when she again called in sick two …

Tortoise to hare: EEOC speeds resolution of bias cases

02/01/2002

If an employee files a discrimination charge against you with the Equal Employment Opportunity Commission (EEOC), don’t expect the case to hang in limbo. Reason: The EEOC is processing new discrimination …

When bias goes companywide, class-action lawsuits will follow

02/01/2002

Two recent rulings illustrate how more workers are seeking, and winning, class-action status in charges of companywide discrimination. Case 1. In December, a federal court in Illinois paved the way …

Rework your severance plan: More prospective employees seeking this safety net

02/01/2002

Even if your company has avoided layoffs, it’s still time to rethink whether your severance plan is achieving …