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Employment Law

Docking exempt worker for single day: Is it legal?

09/16/2010
Q. We require exempt employees who miss a full day for any reason to use either a sick day, personal day or vacation day in order to get paid for the full week. Is this appropriate? Is it permissible to pay them for less than a full week of work if they have used all of their paid leave time and still miss a full day of work?

The curious case of the cubicle exorcism

09/15/2010
Do you have overtly religious employees in your workplace? The EEOC says you must “reasonably accommodate” their religious beliefs and practices. But you can (and should) step in when that religious zeal crosses the line into religious harassment. Just make sure you treat all employees consistently—or you’ll be praying for the lawsuit to go away …

Employees change clothes at work? Heed new pay rules

09/15/2010
The U.S. Department of Labor has issued a new interpretation letter that says time spent changing in and out of “protective clothing” (e.g., helmets, smocks, aprons, gloves, etc.) is considered paid time. Find more details and a link to the DOL letter at www.theHRSpecialist.com/clothing.

Take 17 steps to protect your trade secrets

09/14/2010
Confidentiality agreements and covenants against disclosing trade secrets aren’t just concerns for high-tech companies like H-P and Oracle. Chances are, your organization has proprietary information and intellectual capital that it wants to keep away from competitors. Here are tips on how to do it the right way.

How to comply with your new union posting requirements

09/14/2010
Final rules are now in place for enforcing new rules requiring all federal contractors and subcontractors to notify employees of their rights under the National Labor Relations Act. If you do any business for the federal government, as either a contractor or subcontractor, here are the steps you need to take to comply.

Get ready for more changes as the DOL launches a study of how employees use the FMLA

09/14/2010
The Obama administration DOL has already implemented some FMLA regulatory changes, and a new study indicates that more changes may be on the way.

You can insist on investigation confidentiality

09/10/2010

Make it a policy to keep it confidential when conducting internal investigations into discrimination or harassment. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story. Employers that terminate employees for violating that confidentiality needn’t worry that doing so is retaliation, at least according to a recent 11th Circuit decision.

Across the table: 10 tips for preparing for a deposition

09/10/2010

A deposition may feel like a simple conversation between the parties in a lawsuit, but it isn’t. It is a tool used by a highly skilled practitioner to lock-in your side of the story, build his or her case through your admissions and evaluate you as a trial witness. The following are my top 10 things to think about as you prepare to give testimony in a deposition.

EEOC takes on ‘Cheaters,’ settles harassment case

09/09/2010

The Dallas-based owners and producers of the “Cheaters” syndicated television show—which highlights cases of sexual infidelity—have agreed to pay $50,000 to settle an EEOC sexual harassment lawsuit. Among the allegations: Two female office assistants were subjected to sexually explicit remarks and unwelcome touching by the company’s owner and upper-management staff.

Beware legal risk of raising employee’s title in lieu of pay

09/09/2010

With nervous employers still keeping generous raises on the shelf, more companies are turning to job title promotions to show their appreciation. The risk: The titles themselves don’t reflect the duties of the position and required expertise, which can cause difficulty separating exempt and non-exempt employees.