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In Brief . . .

English-Only Rules

Thinking of limiting your workers to speaking only the English language in your workplace? Or of not hiring workers who don't speak English?

Think twice. You may run afoul of Title VII of the Civil Rights Act. English-only rules constitute unlawful discrimination based on national origin when applied at all times and not justified by business necessity. Also unlawful is refusing to hire workers who speak no English -- unless the ability to speak English is necessary for the job.

A private university in Texas paid dearly for its English-only rules. It had required Hispanic housekeepers to speak only English while at work -- even during lunch and other breaks. The university recently paid $2.44 million to settle a class action brought by 18 Hispanic housekeepers.

We can help you limit English-only rules so they'll withstand scrutiny.

The FLSA And Your Business

In a nutshell, here's what employers should know about the Fair Labor Standards Act (FLSA). It established a national minimum wage and set an overtime rate of time-and-one-half for all hours worked in excess of 40 in a week, unless an employee qualifies for an exemption.

Which workers are exempt? Executive, administrative and professional employees are most commonly exempt, plus a few others, such as outside sales personnel and some truck drivers.

Because the Department of Labor vigorously enforces the FLSA, employers would be wise to ask legal counsel to make sure all exempt employees truly meet exemption requirements.

OSHA Online

Employers should be aware that the Occupational Safety and Health Administration (OSHA) now accepts complaints via its Web site. No longer must complaints be in writing or by phone. OSHA receives tens of thousands of complaints every year, and the convenience of complaining online may increase the numbers.