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Employment Law

Allstate hands over $4.5 million to settle age bias claims

01/11/2010

Northbrook-based Allstate Insurance has agreed to pay $4.5 million to 90 former agents who alleged the company’s move to turn employee agents into independent contractors disparately impacted older agents and violated the ADEA.

Aaron Rents settles harassment case, but still faces civil suit

01/11/2010

East St. Louis-based Aaron Rents has settled a sexual harassment case brought by the EEOC on behalf of Ashley Alford, an employee at the company’s Fairview Heights store. Alford started working at the store in her late teens. Almost immediately, her manager began requesting sex from her. She complained to the manager’s boss and even called the company hotline, but the company took no action.

Twist on bias headed for Supreme Court? Cat’s paw theory claws back

01/11/2010

After taking a back seat to other employment issues on the U.S. Supreme Court’s agenda, the “cat’s paw” theory of liability may well be coming back into the spotlight, and employers better be ready. Whether or not Staub v. Proctor Hospital reaches the Supreme Court, the case should be a wake-up call: Cat’s paw cases are out there and they can lead to protracted, costly litigation.

What are our notice requirements for responding to an employee’s FMLA request?

01/11/2010

Q. We have an employee who just told us she needs leave to care for her son, who is in the hospital. What are our time restraints in responding to the request?

How much advance notice can we demand when an employee wants to take FMLA leave?

01/11/2010

Q. How much notice should an employee give an employer before taking FMLA leave?

Can we retroactively designate FMLA leave?

01/11/2010

Q. We have an employee who is on leave for two weeks to care for her ill husband. She is also pregnant and has told us she wants to take FMLA leave after she gives birth. We haven’t yet designated her current time off as FMLA leave. Can we do so and cut her entitlement by two weeks?

Does calling in ‘sick’ constitute FMLA notice?

01/11/2010

Q. Is calling in “sick” sufficient notice that an employee needs FMLA leave?

Unemployment Insurance

01/08/2010

HR Law 101: Under the Federal Unemployment Tax Act (FUTA) and state laws, employers are obligated to pay payroll taxes to provide unemployment compensation to employees who lose their jobs. By understanding how the system works, you may be able to cut your state tax rate through efficient claims control …

Complaint policy ignored? You face punitive damages

01/08/2010

Warning! If you have a robust discrimination policy, but don’t follow it, you may face punitive damages under the New Jersey Law Against Discrimination. That law authorizes courts to punish employers financially for conduct that is “especially egregious.”

When discipline differs, be ready to explain why

01/08/2010

Employees often sue for discrimination when they suffer harsher discipline than co-workers did. You can counter those bias claims by having clear records that show how you decided on the specific discipline each employee received. Explain why the punishments were different.