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Employment Law

Going-out-of-business sale price: $80,000 for bias

09/20/2012
Genie Temporary Service in La Salle will be closing its doors soon, but not before paying $80,000 to a former temp who the EEOC says was a victim of disability discrimination.

Court: Reporting student’s threat is protected speech

09/20/2012
A teacher who was fired after filing a police complaint against a student who threatened him at school has won the right to a jury trial.

Use rational criteria to make hiring decisions

09/20/2012
As long as hiring managers can logically explain why one applicant was selected instead of another, courts probably won’t question the choice.

Worker just mentions family member’s illness? That’s not adequate FMLA notice

09/20/2012
Good news on the FMLA front: A court has ruled that employees have to do more than merely mention that a family member is sick to trigger an employer’s FMLA obligations.

ADA alert: Make sure job descriptions spell out essential functions

09/20/2012

You don’t have to accommodate disabled employees who can’t per­­form the essential functions of their jobs under any circumstances. If making reasonable accommodations won’t help, the ADA doesn’t apply. But before you can make that argument, you must be able to show what those essential functions are.

Investigate or else! When harassment surfaces, HR inquiries and action could be worth millions

09/20/2012
If you can’t find a way to end persistent workplace harassment, a court may conclude that your organization acted recklessly in denying an employee’s civil rights. That may mean you’ll owe a huge punitive damages award.

Settlement in Lake Calumet EEOC race bias lawsuit

09/20/2012
WRS Compass will pay $2.75 million to settle an EEOC racial discrimination and association lawsuit filed on behalf of workers at the environmental cleanup company’s facility in Lake Calumet.

Avoid FMLA suit: Cut slack for leave-takers

09/20/2012

Employees who are so sick they need FMLA leave certainly can’t perform essential job functions while on leave. Employers must alter their workload expectations accordingly. If they don’t, and then later punish the employee for poor performance, an FMLA interference lawsuit is almost sure to follow.

How to handle a DOL wage-and-hour probe

09/19/2012
You’ve just received notice that the DOL has launched an investigation into wage-and-hour issues at your company. It’s time to whip into action: Employers get just 72 hours’ notice of an FLSA investigation. Then investigators will be knocking on your door. That’s not much time …

Huh? Small biz owners call for minimum wage hike

09/18/2012
A coalition of small business owners is calling on Congress to increase the federal minimum wage to $9.80 per hour, or $2.55 more than the current rate. The goal: to increase poor workers’ spending in hopes of stimulating the economy.