• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Inability to sit does not constitute a disability

06/11/2008
Employees sometimes think that just about any minor medical or physical problem is a disability protected under the ADA. Simply put, that just isn’t the case. As the following case shows, being unable to sit for a few hours at a time isn’t a covered disability …

Government employees have limited free-Speech rights

06/11/2008
The days are just about over of public employees speaking out against their employers’ actions and claiming they were simply exercising their First Amendment right to free speech. The Constitution doesn’t provide protection for those acting in an official capacity …

Accommodated worker failing? You can terminate

06/11/2008
You have an obligation under state and federal disability laws to provide disabled employees with reasonable accommodations. But sometimes accommodations don’t improve attendance or performance. Sometimes the disabled employee doesn’t cooperate. In those cases, what are your options? …

Audit wages and salaries to identify hidden sex bias

06/11/2008
It doesn’t take much for a sex discrimination complaint to turn into a trial. Sometimes all it takes to start a Title VII sex discrimination and Equal Pay Act lawsuit is hiring a woman to fill a position that had been previously held by men who made more money …

Beware new trend: Courts increasingly cut slack for vets

06/11/2008
More and more former service members are using the benefits Congress provided when it passed USERRA. In a recent decision, the 7th Circuit Court of Appeals excused a former service member from even the most minimal of requirements before filing suit. That case is clearly part of a trend, one that may lead to more litigation for organizations that employ veterans …

Seek legal assistance when negotiating contract terms with union

06/11/2008
It may be tempting for HR professionals to try to negotiate and draft key aspects of union collective-bargaining agreements. But there are good reasons to leave collective bargaining to labor relations and legal experts …

Compulsory call-Out doesn’t automatically mean paid wait time

06/11/2008
Some industries are prone to emergencies that suddenly increase the workload. And some companies insist that all employees be available by phone or other means at least part of the time. That doesn’t mean, however, that those subject to a mandatory call-out must be paid for the time they spend waiting for a call …

Don’t go anywhere near a Dumpster in Peoria!

06/11/2008
Andrew Smith worked in Peoria as a garbage truck driver for Waste Management of Illinois. On March 4, 2003, he backed out of a driveway and hit another vehicle. On March 21, he hit a gas meter while moving a waste container. On April 7, the hook on his truck snared the hood of another vehicle. On July 7, he snagged an overhead wire while lifting a container over the cab of his truck …

UAW, Caterpillar workers sue for the right to smoke

06/11/2008
The United Auto Workers (UAW) has filed an unfair labor practice charge against Caterpillar Inc., claiming the company has no right to ban smoking without negotiating the terms in collective bargaining. Peoria-based Caterpillar banned smoking in all its U.S. facilities effective June 1…

Sting nets state worker who allegedly sold private data

06/11/2008
Yvette Beler, a data-input worker for Secretary of State Jesse White, has been charged with selling personal data about auto owners to an informant of the federal government …