Exempt vs. Non-Exempt: California Rules on Employee Suspensions
We recently received the following question from a subscriber: Can we suspend an exempt employee without pay for violating a written policy?
Author: Jennifer Carsen
To Prevent Lawsuits—Think the Way a Jury Thinks
Fairness—not legality—is the most basic issue in avoiding lawsuits. Why? Because fairness is what matters to juries. As you act, ask yourself, what would a jury think? Many of the most costly cases in employment law are decided by juries. Although judges carefully instruct jury members in the finer points of law involved in their […]
Work for a Client Can Still Meet FLSA’s Administrative Exemption, 3rd Circuit Rules
Does an employee “assist in the running or servicing of the business” if he designs systems for a client rather than for the business itself? According to a recent ruling from the 3rd U.S. Circuit Court of Appeals, the answer is “yes,” thereby helping the employee satisfy one of the key requirements for the administrative […]
Dealing with “Termination-Resistant” Employees
“I want to fire him, but I can’t.” It’s true that some employees are “fire-retardant”— they are in a protected class or have performed a protected act — but this doesn’t mean you can’t fire them.
FMLA Obligations for Pregnant and Nursing Mothers
In yesterday’s Advisor, we covered discrimination laws and pregnancy; today, FMLA and pregnancy, plus an introduction to an extraordinary collection of pre-written job descriptions, available on CD and ready for you to implement. The Pregnancy Discrimination Act (ADA) applies regardless of how long an employee has worked for you. The federal Family and Medical Leave […]
Why You Need To Get Your Story Straight – Always
What’s one of the hardest wrongful termination lawsuits to defend? The one where the “story” of the termination is inconsistent between HR, the manager, and the documentation.
What to Expect When Your Employee Is Expecting
Pregnancy—a special event, for sure, but a challenging one for the employee’s manager and for HR. Managers need to get it right from the start, and, by the way, guess what, you’re not getting the jury’s sympathy. In 1978, Congress passed the Pregnancy Discrimination Act (PDA), amending Title VII to prohibit employers from discriminating against […]
Civil Unions Available Now in Illinois, and Soon in Delaware
Employers in Illinois that have not done so may need to adjust their plan documents to reflect the new legality of civil unions in that state. Civil unions are legal in Illinois, Hawaii and New Jersey — and will be available in Delaware next year. The Illinois Religious Freedom Protection and Civil Union Act went […]
A Faulty Wellness Program Can Make Your Pocketbook Sick
Your wellness program is going well, with happier and healthier employees. But then, an employee sues the company alleging that the wellness program violates his rights. So your employees are healthier, but your company’s pocketbook is not in the best of condition, as it puts out money for legal fees. Do not let this happen […]
I See Your Health Reform Study and Raise You Two
The White House felt it proper to refute McKinsey Co.’s health reform study (see yesterday’s post) finding that as many as 30 percent of employers will stop offering health insurance to their workers after reform takes full force in 2014. Deputy Chief of Staff Nancy-Anne DeParle cited three studies saying employers would continue covering workers unabated. […]