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Employment Law

Corporatewide pay policies reduce class-action risk

02/12/2009

It’s one thing to have to pay a wage-and-hour claim for one or two employees. It’s quite another to have to defend a giant class-action overtime suit. One way to cut the risk that a minor problem will morph into a huge lawsuit is to enforce clear overtime rules.

OK to have stricter standards for probationary employees

02/12/2009

You can learn a lot about an employee during the first few weeks. Missing work then probably means attendance will be a problem later. Having stricter rules during the initial probationary period will help you weed out problem employees.

DOL chases down ‘orphan’ retirement funds

02/12/2009

Here’s a trend to watch out for as the economy continues to slow: As companies go out of business, employees sometimes lose access to their retirement funds. It’s not a new problem, but it’s one the U.S. Department of Labor (DOL) is trying to fix.

Hastings offers settlement to cop accused of wrongdoing

02/12/2009

A female police officer who was placed on administrative leave after being accused of writing false traffic-warning citations has received a payout from her employer, the Hastings Police Department.

Stillwater schools settle age discrimination lawsuit

02/12/2009

The Stillwater School District has agreed to pay a part-time teacher and athletics coach $137,000 to settle age discrimination claims in a lawsuit filed by the EEOC.

Put best foot forward when responding to EEOC administrative claims

02/12/2009

The EEOC and state and local agencies have been filing more and more administrative charges in recent years. As the recession deepens and more people lose their jobs, that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly.

How should we handle layoffs without risking discrimination claims?

02/12/2009

Q. We need to cut two employees from our marketing department. One of the employees we would prefer to keep was hired only six months ago. If we don’t base our decision on seniority, are we more susceptible to discrimination claims?

How do courts approach enforcement of noncompete agreements?

02/12/2009

Q. My company requires new employees to sign a two-year noncompete agreement. Are such agreements enforceable?

What should we do? Returning employee wants full-time work, we want part time

02/12/2009

Q. When an employee requested a reduced schedule as an accommodation of his medical condition, we agreed. He has now told us that he is able to work full time. However, because of business conditions, we’d prefer to keep him at a reduced schedule. Do we have to reinstate him to his full-time job?

FMLA protects workers before they’re eligible

02/12/2009

An Illinois court has ruled that employees who request FMLA leave before they’ve met the eligibility thresholds are protected from retaliation. An employer can’t, for example, fire such an employee because he says he will soon be taking FMLA leave and perhaps undergo expensive medical treatment.