• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

You don’t have to police meal-break work

04/19/2012

After years of employer uncertainty, the California Supreme Court has finally resolved what em­­ployers must do to provide meal and rest breaks. They must make sure employees are relieved of all duties during the breaks. However, they do not have to ensure that no work is performed during breaks.

Remove offensive materials, then educate staff

04/19/2012
When sexually offensive signs or pictures appear in the workplace, it’s smart to remove them right away. But getting rid of tasteless material isn’t enough to stop a harassment lawsuit. This case shows that it pays to go one step further by educating employees on harassment.

Greater penalties for unequal pay these days?

04/19/2012
Q. Has the penalty for employer violations of the Illinois Equal Pay Act recently increased?

What are the rules for requesting FMLA leave?

04/19/2012
Q. Does an employee who wants to take FMLA leave have to specifically ask for it by name?

Never knew about unauthorized OT? You’re not liable under FLSA

04/19/2012

Every HR pro knows employers must pay overtime if an em­­ployee works more than 40 hours per week. But does an employer have to pay overtime if it doesn’t know or have reason to know that the employee worked overtime hours? No, according to the 7th Circuit Court of Appeals.

Disability harassment costs Glenview company $70,000

04/19/2012
The Glenview-based Family Video chain has agreed to settle a disability discrimination suit filed by a former employee of a store in New York who suffers from depression and social anxiety disorder.

Firing injured employee? Have legit business reason

04/19/2012

Illinois employees are protected from retaliation for filing workers’ compensation claims. Protection kicks in when a claim is actually filed or when the employer knows the employee was injured and needs medical care. But that doesn’t mean you can’t fire an injured employee for reasons wholly unrelated to the injury.

Good news: 3 years is limit for FMLA complaints

04/19/2012
The 7th Circuit Court of Appeals has ruled that there is a three-year time limit for employees to file FMLA claims in federal court. It said ­workers have three years from the time their rights were allegedly violated, even if the worker was demoted and lost pay or benefits still affecting her paycheck today.

Stop harassment suits before they start! Follow up with employees after every complaint

04/19/2012
One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you won’t tolerate retaliation, and be sure to check back at least once following the investigation.

Know the difference: Race discrimination isn’t the same as national-origin discrimination

04/19/2012

Not all discrimination cases are created equal. For example, race discrimination is prohibited by two laws: Title VII of the Civil Rights Act of 1964 and a much older statute called Section 1981. Enacted following the Civil War, Section 1981 bans discrimination based on race in contracting. It gives employees claiming race discrimination one more way to sue.