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Employment Law

Bulletin board check: Is FMLA poster up-to-date?

01/14/2011
Is the FMLA poster in your break room up-to-date? If it’s not, courts could wonder if you’re serious about upholding employees’ right to take FMLA leave, as the following case shows.

Try your best, but don’t worry that honest mistakes will cost you a lawsuit

01/14/2011

Courts don’t want to be surrogate HR directors. That’s why they don’t insist that employers do everything exactly right. Courts understand that employers can and do make mistakes. As long as those mistakes aren’t excuses to cover up illegal discrimination, they won’t be the basis for a successful lawsuit.

Court faces facts: An expression or disapproving look doesn’t prove discrimination

01/14/2011

News flash: Some employees are unduly sensitive. They see every gesture or look as proof that their co-workers or supervisors dislike them because of some protected characteristic. Fortunately, the 7th Circuit Court of Appeals has rejected facial gestures and expressions as direct evidence of discrimination.

Exempt or nonexempt: If you’re a nationwide employer, one size may not fit all

01/14/2011

If you’re a multistate employer, consider this when deciding which employees are exempt from overtime and which are not: It might seem sensible to create uniform job descriptions that apply nationwide, but that could cause unnecessary trouble. Smart employers give some flexibility so local supervisors can tailor jobs for the unique circumstances at each location.

New year rings in new Illinois wage-payment law

01/14/2011

Illinois employers face a new wage-payment law that significantly increases penalties for employers that fail to pay their workers properly. The Illinois Wage Payment and Collection Act allows employees who believe they have been stiffed by their employers to file class-action lawsuits …

Bias alert: Beware positive stereotypes, too

01/14/2011
Typically, employees who file discrimination cases try to show that their employers treated them poorly because of preconceived notions about members of their protected class. But stereotypes that at first blush seem positive can also be the basis for a bias claim, as this recent case shows.

What are some alternatives to RIFs?

01/14/2011
Q. Our company is looking for ways to cut labor costs in order to remain competitive. We are considering implementing a reduction in our labor force and wondering if there are other cost-saving options that are not as legally risky as laying off people.

Must small employers grant FMLA leave when an employee adopts a child?

01/14/2011
Q. I am an HR manager for a company with 30 employees.  One of my newer full-time employees who has worked here for just over a year tells me that she needs some time off because she is adopting a baby from Russia. Am I required to give her any time off for the adoption?

Hire education: Filling job positions without inviting lawsuits

01/14/2011

Employers operate in an increasingly complex legal environment, made all the more difficult by the tough economy. Hiring has emerged as a particular trouble spot. You need to hire and maintain a skilled and productive workforce, but you must watch out for legal liability that can surface in the process.

Former employee sues Mayo Clinic

01/14/2011
A former Mayo Clinic employee has sued the famed Rochester medical center for discrimination under the ADA and the Minnesota Human Rights Act.