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Employment Law

Taking part-time job during medical leave isn’t misconduct

03/14/2012

Employees out on disability or FMLA leave sometimes need to supplement their incomes. Taking a part-time job within medical restrictions is one solution. That may seem disloyal. But firing the employee will probably make her eligible for unemployment benefits.

Know the difference between whistle-blowing and an employee looking for an excuse to sue

03/14/2012
There’s whistle-blowing and then there’s setting up one’s employer for a lawsuit. Genuine whistle-blowers are protected from retaliation. Those looking to make a quick buck are not.

OK to ask about employee’s ability to do job after returning from FMLA leave

03/14/2012
Some employees aren’t able to perform their jobs after returning from FMLA leave. Employers can certainly raise the issue with the employee and can even terminate the employee if she can’t do her old job.

More union members in 2011, thanks to private-sector gains

03/14/2012
Changing economic conditions and favorable rule-making in Washington helped U.S. union membership in­­crease to 14.8 million workers last year, according to the Bureau of Labor Statistics. In Minnesota, 15.1% of workers belong to a union.

Immediate harassment danger? Protect victims

03/14/2012

Sexual harassment is always a serious issue that warrants fast corrective action. In most cases, it’s appropriate to simply separate the alleged harasser and victim while you investigate. But more immediate help may be in order if the harasser and the victim are traveling together or isolated.

Warn bosses: Bias could mean punitive damages

03/14/2012
Warn decision-makers who decide to act on their own, ignoring HR’s guidance: Juries can hold them personally liable for legal missteps—and make them pay punitive damages.

Which of these HR issues causes the biggest problems in your organization?

03/13/2012
The day-to-day squabbles of the working world cause the biggest problems for most HR pros.

FLSA retaliation: New DOL fact sheet

03/13/2012
The DOL has a new fact sheet covering illegal retaliation against employees who complain about possible violations of the Fair Labor Standards Act. Reminder: The FLSA’s anti-retaliation pro­vision applies to all employees, not just non­exempts.

Judge douses decision that gave $189K to Pasco firefighters

03/13/2012
An appeals court has thrown cold water on two Pasco firefighters who won a $189,000 jury award. The appellate judge overturned a lower court’s decision in a discrimination lawsuit they filed against Pasco County and the firefighter’s union.

Miami photo shop is focus of EEOC lawsuit

03/13/2012
Miami’s Piloto Photo Center faces sexual harassment charges after female employees alleged the owner subjected them to graphic sexual comments and demeaning name-calling. Two former employees, including one manager, claim they were fired for opposing the harassment.