Archive for August, 2008

Payroll Deductions That Don’t Affect Employees’ Exempt Status

August 29, 2008 at 4:12 pm by: Michigan Employment Law Letter

by Gary Fealk
Workers who qualify as executive, administrative, or professional employees may be exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) if they are paid on a salaried basis or not less than $455 per week. However, if an employee’s basis of compensation isn’t “salaried,” the exemption will be lost. [...]

EEO-1 Reporting: What Employers Need to Know

August 28, 2008 at 10:06 am by: Michigan Employment Law Letter

The Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC) require certain employers to report their workforce demographics each year. The report, commonly referred to as an EEO-1 report, must typically be filed between August 1 and September 30. This article provides an overview of [...]

Perils of Sending Political Emails at Work

August 22, 2008 at 10:13 am by: HR Insight

by David Micah Kaufman
“Oh my!” my lunch colleague exclaimed after glancing at her Blackberry (R) during a break in the conversation. “I am being invited to Candidate X’s fundraiser by my boss. Why does she think I support him/her?”
‘Tis the season — election season — when perfectly normal people who usually [...]

Same-Sex Marriage Rulings May Affect Employers in Other States

August 15, 2008 at 10:17 am by: Employers State Law Alert

(Update May 26, 2009 – California Supreme Court rules that same-sex marriage ban — Proposition 8 — passed by voters in November 2008 is legal but 18,000 same-sex marriages performed before the ban was approved are valid.)
A recent decision by the California Supreme Court on same-sex marriage may have implications for [...]

Reducing the Risk of Wrongful Discharge Claims During Layoffs

August 15, 2008 at 9:25 am by: Tennessee Employment Law Letter

by Kara Shea
In a previous article, I discussed the risks of some of the methods employers use to forestall layoffs (such as adjusting hours and compensation). This week, I’m going to assume the worst has happened and talk you through a layoff scenario, with the goal of reducing the risk of wrongful discharge claims and [...]

Legal Issues When Reducing Employees’ Hours, Wages

August 8, 2008 at 3:47 pm by: Tennessee Employment Law Letter

by Kara Shea
We’ve received many questions lately from employers facing tremendous pressure to reduce their operating expenses. Some proposed cost-cutting efforts implicate various employment laws. Since things may get worse before they get better, I’m undertaking a series of articles to address some of the issues you may encounter in the months ahead. I’ll look [...]

BlackBerry® and iPhone® Use May Lead to Overtime

August 1, 2008 at 10:27 am by: New York Employment Law Letter

In today’s technological climate, it seems that almost every employee, from the CEO to the rank-and-file worker, uses some type of personal digital assistant (PDA) or BlackBerry® device.
PDAs, BlackBerries®, iPhones®, and other so called “smart phones” have a number of uses: calculator, clock, calendar, video recorder, address book, word processor, radio, [...]

EEOC Opinion Letter Addresses ADA and PTSD

August 1, 2008 at 10:22 am by: New Hampshire Employment Law Letter

(Updated February 4, 2010)
In March of 2008, the Equal Employment Opportunity Commission (EEOC) addressed an issue employers may face more frequently than ever before: What obligations does the Americans with Disabilities Act (ADA) place on employers with regard to employees who have posttraumatic stress disorder (PTSD)?
HR Guide to Employment [...]