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Who’s Entitled To Overtime: New Case Examines Which Administrative Employees Must Be Paid Overtime; A Compliance Checklist

Figuring out who’s exempt from the overtime rules and who isn’t can be very complicated. Impressive titles and salaries don’t count. Only the employee’s actual job duties matter. And of the four main exemptions-managerial, administrative, professional and sales-the administrative exemption is the least clear-cut. In fact, employers continue to reel from an epidemic of multi-million […]

Hiring And The ADA: Going The Extra Mile To Find An Opening For Disabled Applicants—How Far Should You Go

Whenever someone with a disability applies for a job, you must consider whether a reasonable accommodation would permit the person to do the work. Unfortunately, it’s not always easy to know when you’ve done enough and when you should do more. And while going the extra mile to accommodate a disabled applicant can benefit everyone, […]

Fitness-For-Duty Exams: Court OKs Them Even If Injured Workers Return With No Restrictions; Procedures To Implement Now

  Suppose you have an employee who is off work because of an injury. When the employee’s doctor gives them the green light to return without limitations, you may still be concerned that the person cannot do their job properly. So you ask the worker to first undergo a fitness-for-duty evaluation. If the employee refuses, […]

Employer Liability: New Ruling Holds Employers Responsible For Injuries To Unborn Children; 5 Ways To Protect Yourself And Your Workers

If a pregnant employee is injured at work and her baby is born with problems, the child can later sue you for damages. That’s the latest word from the California Supreme Court. This new decision could open the door to expensive lawsuits involving fetal injury claims-which won’t be covered by workers’ compensation laws that limit […]

News Notes: Change In I-9 Forms Delayed

Last month’s Bulletin mentioned that the Immigration and Naturalization Service had asked Congress for an additional year to comply with its mandate to modify the I-9 form. The INS has just been given a six-month extension. Although the INS has announced some interim rule changes, you can continue to use the current I-9 form. We’ll […]

News Notes: Loose Lips And Thoughtless Comments Get Employers Sued

In two recent cases, employers are facing lawsuits based on inappropriate comments the complaining employee never heard or saw. In the first case, a Mexican-American applicant rejected for a position at State Farm Insurance got the green light to sue because the hiring manager later allegedly referred to another employee as a “dumb Mexican.” Although […]

News Notes: COBRA Notice To Employee Must Also Go To Spouse

Employers with 20 or more employees who provide health benefits must notify terminated workers of their continuation rights under COBRA. But a new federal appeals court ruling has confirmed you’re required to separately notify the employee and the worker’s spouse of their COBRA rights.7 To protect yourself, Ina Potter, a partner with the San Francisco […]

News Notes: Psychiatrist With Attention Deficit Disorder Awarded Almost $1 Million

A psychiatrist suffering from attention deficit disorder has won $902,000 after suing his employer under state anti-discrimination laws for failing to accommodate his own psychological problems. Stanley Swenson Jr. worked at Los Angeles County-USC Medical Center for 15 years. He claimed his condition made it difficult for him to keep up with patient charts and […]