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Employment Law

Scrutinizing employee’s work isn’t retaliation

07/18/2012
The courts—which have been slammed with retaliation lawsuits—have begun narrowing what they consider retaliation. For example, the 7th Circuit has ruled that merely scrutinizing someone’s work more closely after a complaint isn’t retaliation.

Fire away if worker abuses intermittent leave

07/18/2012
If you suspect intermittent FMLA leave abuse, take action. You can check up on the employee or ask her what she is doing on the days she designates as intermittent leave. If she’s not using the time as required, you can discipline her.

What type of ‘family care’ qualifies for FMLA leave?

07/17/2012
Do you get nervous and sweaty when an employee asks for leave to help care for a sick family member? You know this could count as FMLA leave. But what kind of “needed care” is really needed to be eligible for FMLA leave? A new court ruling further helped define the boundaries …

Violence flares? You can discipline flexibly

07/16/2012
Do you have a zero-tolerance policy for workplace violence? That doesn’t mean you have to fire everyone who violates the letter of the rule. You can use some discretion, as long as you document why.

Detail discipline so you can later explain why punishment was appropriate and fair

07/16/2012
A discrimination lawsuit compares what happened to the complaining employee with what happened to others outside his protected class. Details matter. For example, an isolated instance of rude behavior is one thing, but constant rudeness is something else entirely. It can justify different, more severe punishment.

Make sure rigorous performance expectations don’t drive employees to work off the clock

07/16/2012
You may be tempting fate—and a Fair Labor Standards Act class-action lawsuit—if you demand so much productivity from employees that they can’t reasonably get everything done within the time you allow. The problem: Employees may feel compelled to work off the clock.

Must we give FMLA leave to caretaker uncle?

07/16/2012
Q. One of our employees has apparently taken in his sis­­ter’s young child because his sister is undergoing cancer treatment. He wants to take FMLA leave to help the child adjust. Must we provide the leave?

Must we grant FMLA leave for employee to provide care to her niece?

07/13/2012

Q. An employee has requested FMLA leave to care for her 5-year-old niece who is recovering from heart surgery. The employee’s sister and her daughter live with the employee. Is leave under these circumstances protected under the FMLA?

School’s out: Know federal, state restrictions on youth employment

07/13/2012
Summertime is when employers can capitalize on an influx of eager school-age workers looking for seasonal jobs. Summer jobs can be great for both young workers and employers, but you should be mindful of federal and state child labor laws.

Minnesota Senate braces for Brodkorb’s sex bias lawsuit

07/13/2012
Michael Brodkorb, the once-powerful Minnesota Senate staffer fired following allegations he had a sexual affair with former Senate Majority Leader Amy Koch, has filed a sex discrimination complaint with the EEOC. So far, the state Senate has racked up $46,000 in legal bills contesting Brodkorb’s suit.