Common personnel practices can destroy the exempt status of salaried employees
Article Abstract:
Salaried employees are exempt from the Fair Labor Standards Act only if their pay is not subject to reduction due to variations in quality or quantity of work, or due to reduced hours or days worked. The US Supreme Court's Feb 19, 1997 decision in Auer v Robbins shows that the 'salary basis' test is sound, and gives employers a chance to remedy even deliberate pay deductions not made due to lack of work. The Court's test looks to whether such deductions are actually made, or there is a 'significant likelihood' of them occurring.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1997
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Privacy in the workplace
Article Abstract:
Less than 1/3 of employers notify employees when they use electronic monitoring in the workplace even though employees feel that notification and consent are the most important issues. The rationale for monitoring is enhancing work quality but monitoring has been linked to lower worker productivity because of a hostile work environment. Employee privacy interests need to be protected by laws that require notice, limit monitoring to public areas and give employees access to the gathered information, among other provisions.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1997
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The rights and responsibilities of employees confronted with union discipline (revised and updated)
Article Abstract:
Employees and labor law attorneys should be aware of the rights and responsibilities of workers facing union discipline. Employees can opt either to join the union that represents their bargaining unit, or not to join it. Because employment cannot be conditioned on union membership, union discipline can only result from a voluntary choice to join. What is more, employees who have joined a union have the right to resign and thus avoid discipline.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1998
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