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Employment Law

Document specific reasoning behind differing punishments

09/16/2010
Many employers keep their disciplinary policies vaguely worded because they want some flexibility in dealing with employee behavior. That’s fine as long as you carefully document why you are punishing one employee more harshly than another.

EEOC dragging its feet? Don’t get complacent

09/16/2010

The EEOC often takes its sweet time preparing cases for litigation. Don’t let the foot-dragging lull you into inaction! Treat the case as if it will eventually end up in court. Gather any documentary evidence now before it disappears or employees who know the details retire or quit.

Caution government supervisors: You could be personally liable for FMLA violations

09/16/2010
Supervisors and managers who work for private employers have long been held personally liable for FMLA violations in which they participate. Now supervisors and managers who work for government agencies are also liable.

New laws for a new year: Illinois employers face new credit check, wage payment requirements

09/16/2010

The Illinois General Assembly has been busy, passing legislation that HR professionals need to know about. Specifically: the Employee Credit Privacy Act, which prohibits many Illinois employers from basing hiring, promotion and other employment decisions on the credit histories of employees and job applicants, and the Wage Payment and Collection Act, which protects employees who have not been paid all their wages.

Durbin wants to codify FMLA’s redefinition of family

09/16/2010
U.S. Sen. Dick Durbin (D-Illinois) has introduced legislation to formally expand the definition of “family” under the FMLA to include “a same-sex spouse, domestic partner, parent-in-law, adult child, sibling or grandparent.”

Driving restrictions may create ADA disability

09/16/2010

Generally, an individual whose medical condition results in driving restrictions isn’t considered disabled under the ADA. Courts consistently have held that driving is not a major life activity. But courts have also been willing to say that an individual whose driving restriction makes it hard to access available jobs may qualify for ADA protection because the inability to drive substantially impairs the ability to work.

Warn bosses: Hiding harassment will backfire

09/16/2010

Some low-level supervisors think a sexual harassment complaint will go away if they ignore it or get everyone except the victim to deny the allegations. It almost always backfires. Here’s why: Courts are willing to let juries decide who is telling the truth, even if it is one worker’s word against many.

Docking exempt worker for single day: Is it legal?

09/16/2010
Q. We require exempt employees who miss a full day for any reason to use either a sick day, personal day or vacation day in order to get paid for the full week. Is this appropriate? Is it permissible to pay them for less than a full week of work if they have used all of their paid leave time and still miss a full day of work?

The curious case of the cubicle exorcism

09/15/2010
Do you have overtly religious employees in your workplace? The EEOC says you must “reasonably accommodate” their religious beliefs and practices. But you can (and should) step in when that religious zeal crosses the line into religious harassment. Just make sure you treat all employees consistently—or you’ll be praying for the lawsuit to go away …

Employees change clothes at work? Heed new pay rules

09/15/2010
The U.S. Department of Labor has issued a new interpretation letter that says time spent changing in and out of “protective clothing” (e.g., helmets, smocks, aprons, gloves, etc.) is considered paid time. Find more details and a link to the DOL letter at www.theHRSpecialist.com/clothing.