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Employment Law

Employees can refuse to work due to safety fears, even at nonunion site

01/01/2003
Three apartment maintenance workers refused to scrape and paint a water-damaged ceiling after they saw a TV report on airborne-asbestos health risks. When they voiced a concern, their supervisor said there …

Don’t raise performance bar solely on workers taking FMLA

01/01/2003
Talk about a multimillion-dollar mistake. In a case that could spell a trend as more baby boomers care for aging parents, an Illinois federal jury awarded $11.65 million to a hospital …

Transfer to more demanding job doesn’t add up to retaliation

01/01/2003
After railroad laborer Sheila White complained that her foreman sexually harassed her, her employer investigated and temporarily suspended the foreman without pay. Soon after, the company gave White’s forklift duties to …

True ‘disability’ limits employees’ life activities, not just job tasks

01/01/2003
After less than a month on the job, Mark Mack was put on leave when an injury prevented him from lifting and kneeling, both of which were required for his job …

Reimburse any pre-employment costs that cut into minimum wage.

01/01/2003
Migrant workers at a Florida farm were required to pay expenses out of pocket for securing work visas and traveling to job sites. Because these costs amounted to “pre-employment deductions” from …

Failed romance frustration doesn’t equal sex harassment.

01/01/2003
A corporate officer had an on-again/off-again dating relationship with his direct subordinate. After the couple’s third dating stint ended, the boss sent e-mails and gifts to his lost love, asking her …

Noncash compensation counts toward minimum wage

01/01/2003
You probably don’t have employees living in your workplace, but a recent case illustrates your vulnerability to lawsuits if you keep workers tethered to the job, either physically or by phone, …

Wise up to national-origin bias rules; claims spiked in 2002

01/01/2003
Acquaint yourself with newly updated guidelines from the Equal Employment Opportunity Commission (EEOC) that teach employers how to foster work environments free of national-origin discrimination. Coming on the heels of 9/11, …

Bush to halt Clinton-era rule opening UI funds for paid leave

01/01/2003
Acting to quiet business’s criticism and protect state unemployment insurance dollars, the U.S. Labor Depart-ment says it plans to repeal a Clinton administration regulation that gives states the option of dipping …

ADEA: Prevent fastest growing, most expensive type of bias

01/01/2003
Expensive mistake Median award by type of bias: ’94-’00 cases Age $268,926, Disability 175,001, Race 120,951, Sex 100,000. Source: Jury Verdict Research …