Under the Fair Labor Standards Act (FLSA), most employers are required to pay overtime to employees who work more than 40 hours in a given workweek at a rate of one and one-half times the employee’s regular rate of pay. There are many exceptions to this general requirement for employees who perform certain types of work – most...
The U.S. 8th Circuit Court of Appeals (whose rulings apply to Missouri employers) recently gave hope to employers forced to defend their employment actions by pointing out the role that well-written job descriptions can play in allowing an employer to prevail on an "essential job function" defense. The case is also a good reminder of the...
We hope that by the time you read this, the snow and ice is melted and spring is around the corner. Just like spring cleaning your home, it's always a good idea to freshen up your workplace policies and procedures. Here are some ideas.
Employee manual/handbook
One of the first things to review is your employee manual or handbook. Is it current...
An employer's candid job description highlights how stressful one of its jobs is. When an employee claimed she suffered a disability because of the stressful work environment, she was out of luck. Because she hadn't yet worked for the employer for a year, she had no relief under the Family and Medical Leave Act (FMLA), either.
Facts
Yulanda...
Under the Americans with Disabilities Act (ADA) and the Iowa Civil Rights Act (ICRA), a qualified employee with a disability is entitled to a reasonable accommodation to enable him to perform the essential duties of his assigned job. However, if a duty isn't identified as essential in the employee's job description, can the employer rely on it to...
An employee's job description should accurately describe the job he is expected to perform and periodically be reviewed for accuracy and updates. But what does it mean to "accurately describe" a job? Who should create the job descriptions for your company? Why is it important to update them? How often should they be updated? Read on for answers...
In a 2-1 decision, the 6th Circuit recently held in Deleon v. Kalamazoo County Road Comm'n that a transfer to a position to which an employee previously requested a transfer can be considered an adverse employment action.
Promotion or demotion?
Robert Deleon, a 58-year-old Hispanic man of Mexican descent, was employed by the Kalamazoo County...
An employee's job description should accurately describe the job he is expected to perform and periodically be reviewed for accuracy and updates. But what does it mean to "accurately describe" a job? Who should create the job descriptions for your company? Why is it important to update them? How often should they be updated? Read on for answers...
Under the Americans with Disabilities Act (ADA), a qualified employee with a disability is entitled to a reasonable accommodation to enable him to perform the essential duties of his assigned job. However, if a duty isn't identified as essential in the employee's job description, can the employer rely on it to prove a disabled employee is...
An employee's job description should accurately describe the job he is expected to perform and periodically be reviewed for accuracy and updates. But what does it mean to "accurately describe" a job? Who should create the job descriptions for your company? Why is it important to update them? How often should they be updated? Read on for answers...
