Douglas Neu RI
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It's generally not wise to use a form non-competition agreement, because its enforcability depends on the particular circumstances of the individual's employment (such as the need for the non-compete) and the law that applies. For instance, some sta…
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In reviewing the posted policy, I agree that it's not a good idea to have sick leave allowed to be donated, as doing so would open the door to the expectation that sick leave is a monetary benefit that can be traded. If sick leave is a monetary bene…
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I would also make sure to check your state law in addition to complying with Title VII. There was a bill introduced this session in Rhode Island that would set forth the specifics on what accomodations must be given to employees who want to attend r…
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It sounds like you're in a tough situation in calculating the overtime owed. In cases like this, the US Department of Labor and the courts generally look at whatever evidence they can get - in this case, the mutual recollection that the employee wor…
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I agree with James' post, but let me add a couple of thoughts. Determining whether an individual is covered by the ADA is situation-specific. Just because one person's bad back isn't covered doesn't mean that all bad backs are excluded. As James…
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It depends on who you ask. The U.S. Department of Labor's regulations say that you can't retroactively designate leave as FMLA leave, but several federal courts have struck down that rule. The result is that it's not clear whether the rule applies, …
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The United States Department of Labor has issued a regulation on the interplay of FMLA and FLSA in situations in which a salaried, exempt employee takes intermittent FMLA leave. Generally, the US DOL's regulation allows an employer to deduct from an…
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Sara- I'm not aware of any summary of Rhode Island employment law on the internet, other than what's available through [url]www.hrhero.com[/url] to Law Center members. There are a couple of print sources that give a basic summary of labor and empl…
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I agree with the last posting. I've dealt with a number of cases in which a former employee's supervisor or manager has kept their own file on someone, and the file does not always help the employer's case and in fact can hurt. This is particularly …
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If you're asking about convictions, you might want to ask about other pleas. In Rhode Island, and I believe some other states, we have what's called a plea of no contest (nolo contendere), in which the accused admits that the facts are sufficient to…
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You're right. The US Department of Transportation drug and alcohol testing regulations for certain truck drivers, for example, are particularly detailed and difficult to follow. The policy required by the US DOT regulations must include numerous ite…
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I would definitely check the state law on this. In Rhode Island, we have a very strict law on drug testing of current employees, and a fairly restrictive law on testing of applicants. The law on testing of applicants, however, exempts certain public…
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If you're asking about convictions, you might want to ask about other pleas. In Rhode Island, and I believe some other states, we have what's called a plea of no contest (nolo contendere), in which the accused admits that the facts are sufficient to…