A significant employee-related development this year was a study of harassment and retaliation in the workplace by the Equal Employment Opportunity Commission (EEOC). Harassment as a legal issue dates back to 1986 when the US Supreme Court held that the sexual harassment of a female bank executive created a hostile work environment and was a form of gender discrimination actionable under Title VII of the Civil Rights … [Read more...] about Harassment in the Workplace
Employment
Changes to the Fair Labor Standards Act (FLSA)
Increase pay or limit hours is the choice for many employers effective December 1st under a new Department of Labor rule under the Fair Labor Standards Act (FLSA). Employers are under more stringent standards concerning over-time pay for non-exempt employees. Most court employees are, and will remain, classified as non-exempt but courts should be aware of the changes. Three factors determine the exempt versus … [Read more...] about Changes to the Fair Labor Standards Act (FLSA)
Are you paying court employees a salary or not?
Two salary issues have been vexing a number of courts: 1) must court employees be paid for every hour worked when they are “salaried” and 2) may court reporters work during the regular work hours when the reporter is preparing a transcript? Both state statutes and case law frequently refer to the salaries of public employees in Indiana, from police officers and public welfare employees to firemen and city employees. … [Read more...] about Are you paying court employees a salary or not?
Protecting What You’ve Got: Preserving Knowledge
Judge Steady, I won the lottery!,” exclaimed Court Reporter Sue Lucky. Yea for twenty-year employee Sue, who is celebrating by resigning that very day to find a new winter home near her grandchildren in Arizona. An employer is lucky to get a week’s notice. All courts are “at will” employers and employees are free to resign at any time. A basic sense of fairness and the threat of bad references are the two major rea … [Read more...] about Protecting What You’ve Got: Preserving Knowledge
Employee Medical Leave Rights: It's Complicated
Once upon a time, the employer determined medical leave. Whether an employee had the ability to stay home when ill without risk of termination depended on the boss. After a nine-year legislative battle, in 1993 Congress enacted the Family & Medical Leave Act (FMLA). For many workers, FMLA proved to be a great boon. Parents with newborns don’t have to negotiate for leaves of absence of less than twelve weeks. An i … [Read more...] about Employee Medical Leave Rights: It's Complicated