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Employment Law

Take every lawsuit seriously, even those that seem weak

12/21/2011
Employees with flimsy cases sometimes decide to sue anyway, acting as their own attorneys. No matter how frivolous such a lawsuit seems to be, face it head on and fight for dismissal.

Special work arrangement? Ensure worker’s at-will status

12/21/2011
Occasionally, you may decide to create alternative work arrangements based on written agreements. How you do that is crucial to retaining at-will status.

Beware ill-chosen words, which–all by ­themselves–can sometimes launch lawsuits

12/21/2011
Sometimes, a single poorly chosen phrase can generate large legal bills, as the following case shows.

It’s got to be more than a hunch! Courts nix unsupported bias claims

12/21/2011
Good news for employers fighting off discrimination claims: Courts are losing patience with lawsuits based on little more than the argument that “it must have been discrimination.”

Leave this ugly legacy for the history books: Warn bosses against any reference to nooses

12/21/2011
You must instruct supervisors and managers: Any reference to hanging, ropes or nooses is absolutely forbidden in the workplace. Immediately address any complaints about nooses in the workplace. Also make sure no employee is punished for reporting the presence of a noose.

Employers expect uptick in lawsuits this year

12/21/2011
Nine in 10 employers expect litigation against their organizations to in­­crease or stay the same in 2012 compared with 2011, according to Ful­­bright & Jaworski’s 8th annual Liti­­gation Trends Survey Report.

Settlement reached in deaths at Mount Carroll grain elevator

12/21/2011
The operator of a Mount Carroll grain elevator has settled U.S. Department of Labor charges it that broke federal child labor laws when it allowed a 14-year-old to work in a hazardous job that proved fatal.

Beware management push-back on HR decisions

12/21/2011
As an HR professional, you may come across employment practices that you think violate the law. What you do with that concern and how you express it may make the difference between engaging in protected activity or not—and by extension, whether you can sue for retaliation if upper management punishes you.

Employers predict more HR lawsuits in 2012

12/21/2011
Nine in 10 employers expect litigation against their organizations to increase or stay the same in 2012 compared with 2011, according to Fulbright & Jaworski’s 8th annual Litigation Trends Survey Report.

The FMLA calendar: 4 methods to counting an ‘FMLA year’

12/20/2011
The DOL’s FMLA regu­­la­­tions provide employers with several options for calculating how much leave employees are entitled to at any given time. According to the regulations, employers are permitted to choose any one of the following methods for measuring the “12-month period” in which the 12 weeks of leave entitlement occurs.