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Employment Law

Care for healthy child wins FMLA coverage

11/01/2002
The walls of employee FMLA protection have grown higher with a new court ruling that says a worker must be given leave to look after his healthy children while his wife …

Don’t be bullied to create permanent light-duty job

11/01/2002
After injuring her shoulder, assembly-line worker Tamara Watson wasn’t able to do many tasks required for her job. To aid her recovery, the company temporarily limited her to lighter duties that …

Off-work months during grievance don’t count toward FMLA eligibility

11/01/2002
Plant worker John Plumley was off the job for six months while he dealt with a grievance filed under the collective bargaining agreement. Ultimately, an arbitrator reinstated Plumley and awarded him …

Managers: Don’t sit on harassment claim, notify designated person

11/01/2002
When does a company officially “know” of a harassment complaint? It’s not always when the complaint is lodged with the designated person in your reporting procedures. If your lower-level managers get …

Court opens door wider to sexual-orientation lawsuits

11/01/2002
In what gay-rights groups are calling a landmark decision, a federal appeals court has said that homosexuals can use federal civil rights laws to sue for alleged harassment. In the …

Not all vision impairments qualify as disabilities

11/01/2002
Several UPS employees who could only see out of one eye claimed their sight was a disability and that UPS’ policy of not allowing them to drive a truck was discriminatory …

Retaliation threat doesn’t erase time limit for filing lawsuit

11/01/2002
Wal-Mart employee Stephanie Beckel complained to a general manager that her supervisor was sexually harassing her. When the general manager told her not to discuss the matter with anyone but himself …

Tip-pooling with management violates FLSA

11/01/2002
A restaurant required waiters to pool their tips and share them with busboys and managers who worked the floor. The waiters sued under the Fair Labor Standards Act (FLSA). The employer …

Less prestigious job leads to constructive discharge

11/01/2002
After a top-performing African-American server at Denny’s was transferred to a different location, the restaurant unexpectedly reassigned her to busing tables. She walked off the job and sued, alleging that she …

Religious protections don’t include veganism

11/01/2002
A California computer worker was denied a job in a pharmaceutical factory because he refused to take a required mumps shot. He refused because the vaccine included material from chicken embryos …