Monthly Archives: July 2012

Managers – Assistant Managers: Exempt or Non-Exempt?

Many employers are faced with the question of whether their Managers or Assistant Managers meet the requirements for one of the exemption classifications as promulgated by the Fair Labor Standards Act (FLSA). Obtaining the correct answer is critical since a … Continue reading

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Second Circuit Affirms a Broader Definition of “Executive” FLSA Exemption

There are three major “white-collar” exemptions to the federal overtime rules that are, to some employers, a bit confusing to say the least.  One of them — the “executive” exemption — is mistakenly understood to just include, well, senior executives … Continue reading

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Managers of Internal Sexual Harassment Investigations Should Play by the “Manager Rules”

A recent opinion from the Eleventh Circuit Court of Appeals reminds us that proper handling of harassment claims in the workplace remains a top priority of management and can have repercussions for the one conducting the investigation. Title VII of … Continue reading

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5 Reasonable Accommodations An Employer Almost Never Has To Make

1. Create a job. It’s always tempting, but you are not required under the ADA to create a job to accommodate an employee with a disability. What’s more, it’s a bad idea to do it because you may be creating a … Continue reading

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5 reasonable accommodations an employer never dreamed it would have to make

Here are five ADA reasonable accommodations that I bet you never dreamed you’d have to make — each one is 100% guaranteed true. 1. No no-fault attendance policy. According to the U.S. Equal Employment Opportunity Commission, which sued Verizon (the … Continue reading

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Son Sues Mom, Pop for Overtime at Family Biz

You can choose your employees, but you can’t choose your family members. This has been a hard lesson for a New York City mom-and-pop ice cream shop owner. You see, the actual mother and father are being sued for overtime … Continue reading

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Racial Harassment In Work Place! Unfortunately, Still a Reality

Many of us are marveling at how seemingly far our society has come given a man with an African American heritage has become our president. But in the workplace, attitudes toward many black workers are anything but inspiring. Racial harassment … Continue reading

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Racial Harassment

Racial harassment occurs when a person or group repeatedly uses discriminatory remarks, behaviours or practices to show racial intolerance against a co-worker or their color, descent, culture, language or religion. For example: Making jokes, insinuations, humiliating comments or racially oriented … Continue reading

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Wrongful Termination Claims On The Rise

There’s something about a faltering economy that gives pause for companies and employers to view termination as a tool to ease the company’s pain, and that of the shareholders. However, employment experts warn that companies engaging in wrongful termination, and citing … Continue reading

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The rise of sexual harassment lawsuits

Sexual harassment lawsuits started out by taking on quid pro quo situations in which a woman lost her job if she would not sleep with her boss (Barnes v. Train in 1974). The 1978 book “Sexual Shakedown: The Sexual Harassment … Continue reading

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