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Employment Law

HR CSI: Conducting a post-mortem of a legal claim

08/16/2011

If you’ve ever been caught up in an employment lawsuit, chances are you couldn’t wait for it to be over. Yet every case presents a valuable opportunity to prevent future problems and improve HR effectiveness by conducting an “autopsy” of the claim. Jathan Janove tells you how.

IRS & DOL should cooperate on misclassification cases, GAO says

08/16/2011
The IRS, through its Questionable Employment Tax Practices initiative, is successfully working with states on worker misclassification issues. However, one agency with which the IRS doesn’t work well is the DOL’s Wage and Hour Division, according to a GAO report.

OSHA may require you to record ergonomic injuries

08/12/2011

OSHA recently reintroduced the idea of a proposed rule that would require employers to report work-related musculoskeletal disorders (MSDs)—ergonomic injuries like carpal tunnel syndrome—on their OSHA 300 injury and illness logs.

What are the details on the new, proposed NLRB union election rules?

08/11/2011
Q. We are a union shop. We’ve heard the NLRB has new rules about unions. What do they involve and what do they require us to do?

Know 6 factors that determine independent contractor status

08/11/2011

Today’s tight economy has prompted many employers to try to reduce costs—including overtime—by classifying workers as independent contractors instead of employees. That hasn’t escaped the notice of the U.S. Department of Labor, which has stepped up efforts to deter misclassification.

Class-action lawyer to see how it looks from the other side

08/11/2011
File it under “Ironic.” A Chicago attorney whose firm specializes in filing class-action lawsuits is being sued by a group of six women who say he sexually harassed them.

Insensitivity alone doesn’t create a hostile environment

08/11/2011
Employees sometimes spot a pattern of outright hostility from a series of other­wise innocuous acts. That can lead to a hostile work environment lawsuit.

Worker can’t return from FMLA leave? Beware demanding repayment of health benefits

08/11/2011

It’s expensive to cover an absent employee’s health insurance premiums when he is on FMLA leave—especially if he has family coverage. How­­ever, the law requires employers to do so. What happens if the employee doesn’t return? In some cases, em­­ployers can demand reimbursement for the premiums it paid. That’s true except if the employee doesn’t come back because he or she is still sick or has to continue to care for a sick relative.

Doubt medical certification’s accuracy? You’re allowed to seek a second opinion

08/11/2011

Employees who want FMLA leave for their own illness need a certification from a health care provider. It should document a serious condition, briefly explaining the diagnosis and treatment. Employers that doubt the certification is accurate or want to challenge whether the condition really can seek a second opinion from another health care provider, paid for by the company.

Chicago’s Jackson Park Hospital faces bias, retaliation charges

08/11/2011
The EEOC is suing Jackson Park Hos­pital and Medical Center for race dis­crimination and retaliation, alleging that the South Side Chicago institution condones race bias and retaliated against workers who complained about discrimination.