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Employment Law

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 …

Did serial harasser fare better than the victim at DHS?

06/11/2008
Jacqueline Smith worked as a server in the Illinois Department of Human Services (DHS) John J. Madden Mental Health Center from 2000 to 2004. In September 2003, a co-worker, Eddie Spivey, allegedly called Smith a sexually explicit name while their supervisor, Bella Ynares, was present …

State worker claims he was fired for airing dirty political laundry

06/11/2008
Matthew Magalis sued the Illinois Department of Human Services (DHS) and the Civil Service Commission (CSC), claiming he was fired for reporting corruption. Magalis admitted that in October 2006, he gave the Chicago Tribune a report about a co-worker doing political work on state time for Gov. Rod Blagojevich …

Expunged convictions set hidden trap for Illinois employers

06/11/2008

If you are an Illinois employer with 15 or more employees and your application asks job-seekers to detail their criminal histories, expunged criminal records pose a hidden trap for you …

Must we pay for unapproved overtime?

06/11/2008
Q. Our company requires employees to obtain their supervisors’ prior approval for all overtime. Our management takes the position that it does not need to pay overtime if employees don’t get approval first. My understanding is that all hours worked must be paid. Which is correct? …

Can we tap company phones to investigate possible theft?

06/11/2008
Q. Our company distributes steel from one of our warehouses. A substantial amount of product has gone missing. We suspect that our warehouse manager is conspiring with one of our former employees to take it, possibly creating a false paper trail to cover the theft. Our camera surveillance is not picking up any irregular activity on the loading dock. We believe the manager may be talking to the ex-employee from his office phone. Can we legally monitor the manager’s phone without violating any privacy rights that he might have? …

FMLA and termination for failing to submit certification

06/11/2008
Q. Our company has an employee who has taken FMLA leave to care for his sick child. His attendance record has been poor, but we have not documented our warnings as well as we should have. Our company has a rule that an employee has 15 days to have the treating doctor sign and return a form certifying the medical condition of the family member who is sick. We never received the signed form. The employee says that his doctor sent it. Can we terminate the employee? …