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David B. Ritter

HIV case shines spotlight on ADAAA’s broader disability definition

07/09/2010
A recent court case sheds light on whether HIV is a disability under the ADA Amendments Act of 2008. In Horgan v. Simmons, the court held that an HIV-positive man who was terminated after disclosing his medical condition to his supervisor could pursue an employment discrimination claim under the ADA. This case reflects the trend toward broader protection under the ADA.

How to write a tough, but legal, at-will statement

06/17/2010
Q. We want our employees to know that they don’t have guaranteed employment. Can you provide an example of a tough at-will statement that we can give them?

New tool when employees defect to competition: bonus forfeiture

06/14/2010
Employers looking to discourage their employees from going to work for a competitor, take note! As a general matter, courts aren’t in favor of noncompete agreements. Nevertheless, Illinois employers may now have a new weapon to keep employees from taking your secrets when they leave.

Worker who earned a master’s degree says she wants a raise: Must we give it?

06/10/2010
Q. We have an employee who just earned a master’s degree. She wants a raise. Is there any legal requirement that we pay someone with an advanced degree more than other employees?

Updating your policy, but not your handbook

06/03/2010
Q. Our employee handbook says that employees are paid for 40 hours per week as long as they put in at least 38 hours. We recently told employees that, from now on, we pay only for actual hours worked. Do we have to change the handbook, too?

Time clocks: What’s the law on rounding up, down?

05/28/2010
Q. Our time-clock software allows for a five-minute grace period at the start and end of each shift. For example, if the employee’s designated start time is 8:00 a.m. and the employee clocks in at either 7:56 a.m. or 8:04 a.m., the actual start time will be logged as 8:00 a.m. for pay purposes. Is this OK?

Vacationing worker got flu: Can she call it sick leave?

05/20/2010
Q. One of our employees got the flu while she was out on vacation leave. Now she wants her vacation time back and wants to call those “sick days” instead. Do we have to let her change the status of this leave time?

Are mortgage loan officers exempt?

05/17/2010
Q. I always thought that mortgage loan officers were exempt professional employees. Now I heard otherwise. Are mortgage loan officers exempt from the FLSA overtime requirements?

Can we terminate employee who has used all FMLA leave but still needs time off?

05/17/2010
Q. Can we terminate an employee who has exhausted his FMLA leave but needs additional time off to care for his serious health condition? Or must we provide additional leave?

Are milk expression breaks mandatory?

05/17/2010
Q. I know a number of states already have laws that require employers to provide unpaid breaks to nursing mothers to express breast milk. Are there any federal laws providing for similar requirements?