Job Functions

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    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...

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    The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. It also requires that employers provide reasonable accommodations to enable qualified individuals with disabilities to successfully perform the essential functions of their jobs. While that seems clear-cut, court interpretations of...
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    On March 17, 2014, the 8th Circuit examined the hiring/firing prong of the Fair Labor Standards Act's (FLSA) executive exemption. Specifically, the court found that an employer failed to establish that two employees had the authority to hire/fire workers and it didn't give "particular weight" to their suggestions about personnel decisions. As a...
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    Q We administer a voluntary leave program through which workers can donate paid leave to their colleagues to obtain necessary medical treatment. Recently an employee asked to use the program to seek substance abuse treatment for alcoholism. This isn't the type of treatment we had in mind when we established the program. Are we required to allow...
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    Q If an employee is on some kind of medicine for his back and we notice it causes mood swings and hostility toward his manager, what rights do we have as the employer? May we require him to bring in a doctor's note? This could be a long-term issue with the employee. A You do have rights, but be careful. While it may seem at first blush that...
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    To say AutoZone is having a bad May — litigation-wise — is putting it lightly. Not only has the Equal Employment Opportunity Commission (EEOC) sued AutoZone for the fourth time (in as many years) for alleged violations of the Americans with Disabilities Act (ADA), but the U.S. 9th Circuit Court of Appeals (whose rulings apply to...
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    What do forgetfulness, menstrual cramps, and social awkwardness have in common? They're all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is published by the American Psychiatric Association (APA). The DSM-5 is widely used by healthcare...
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    After extending a conditional offer of employment, many employers require prospective employees to undergo medical examinations to assess their "fitness for duty." Problems may arise, however, when an employer decides to rescind a job offer based on information obtained during the medical examination. A Florida employer recently learned that...
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    Q We provide income tax audit representation, so we have access to our clients' private and financial information. Can we still ask about criminal convictions on our job applications? We don't care about things like DUIs, but we would care about fraud, theft, and embezzlement. A Yes, you can ask about criminal convictions on job applications or...
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    A federal judge in Colorado recently approved an agreement to settle a collective action in which oil and gas workers alleged they were misclassified as independent contractors and unlawfully denied overtime pay. Under the settlement, J&A Services, LLC, and related entities agreed to pay a total of $2 million, with the net recovery to each...
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