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Employment Law

Employees who don’t apply for promotions can’t sue

03/06/2009

Here’s a good reason to have a clear process for posting promotions and explaining that process to all employees: If an employee doesn’t use the process to apply, she can’t sue for failure to promote.

Keep hiring documents to guard against discrimination claims

03/06/2009

Now that Congress has enacted the Lilly Ledbetter Fair Pay Act, it is more important than ever for employers to keep applications and other supporting documents as proof that they set wages fairly and without regard to gender.

Workers’ comp deductibles, premiums to change

03/06/2009

Starting in July, Ohio employers will get their choice of five deductible levels on their workers’ compensation insurance. In exchange for lower premiums, employers will assume a larger risk for workplace accidents.

Cheer up: Lawyers are getting sued, too!

03/06/2009

If misery loves company, let’s start the party. An article on www.law.com warns that insurers anticipate a surge in legal malpractice lawsuits as the economy tanks. It seems employers aren’t the only deep pockets plaintiffs will try to raid during hard times.

Wal-Mart settles drivers’ race bias suit for $17.5 million

03/06/2009

Wal-Mart wasn’t wearing its smiley face when it agreed to pay a class of African-American truck driver applicants $17.5 million in a race discrimination suit. The drivers alleged Wal-Mart failed to hire and promote black drivers in proportion to the number who applied.

Employer loses WC claim when it fails to call witness

03/06/2009

Linda Pounds, a resident assistant at Whetstone Gardens & Care Center, injured her back while changing a patient’s bed linens. Once she filed a workers’ comp claim, that’s about the only thing Pounds and the center agreed on …

Associational discrimination: How close is close enough?

03/06/2009

Last year, in Thompson v. North Am. Stainless, the 6th Circuit recognized a claim under Title VII’s anti-retaliation provision for associational retaliation: “Title VII prohibit[s] employers from taking retaliatory action against employees not directly involved in protected activity, but who are so closely related to or associated with” employees who engage in protected activity. I remain critical of this standard because it leaves open the issue of how close is close enough.

Can I ask my employees to use accrued leave to cover time spent on jury duty?

03/06/2009

Q. An employee just asked for a week off to attend jury duty. Do I have to grant the request for leave? If I do, can I require the employee to use accrued vacation time during the jury duty leave?

Must we pay overtime to telemarketers?

03/06/2009

Q. Historically, we do not pay overtime to our commissioned telemarketers. After all, they are paid strictly on commission, not by the hour. Some employees are now complaining that we are paying them illegally by not paying overtime for weeks in which they work more than 40 hours. Are they right?

What are the COBRA rules applying to small businesses in Ohio?

03/06/2009

Q. We are a small business, with only 12 full-time employees and a smattering of on-again, off-again part-timers. When an employee leaves, do we have to provide a COBRA notice?