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Employment Law

Post all open positions to avoid litigation

07/13/2010

Here’s an easy way to prevent a failure-to-hire lawsuit: Routinely advertise all open positions and let employees and applicants know how to look for opportunities. Otherwise, you could be sued by an employee or potential applicant, alleging that she would have applied if she had only known about the opening.

Just quitting isn’t ‘constructive discharge’

07/13/2010

Some employees have heard through the legal grapevine that if the going gets tough at work, they can just get going. They believe they can up and quit—and then turn around and sue, claiming that they had no choice but to leave because they were suffering retaliation for taking some protected action. This is an example of “constructive discharge.” But conditions have to be pretty onerous before the tactic works.

Record injuries, even during summer ‘fun’ events

07/13/2010
OSHA requires employers with 10 or more employees to report work-related injuries on injury and illness logs. A recent OSHA interpretation letter makes clear that injuries suffered during company outings and sporting events still count.

When you learn of possible harassment, investigate promptly, take fast action

07/09/2010

Employers that act fast when an employee complains about any form of harassment can almost always salvage what would otherwise be a very bad situation. The key is prompt investigation—followed by equally fast and decisive action if it turns out the complaint has merit.

How do we know if we must pay interns?

07/09/2010
Q. Our company would like to hire interns to work in our office this fall, but we’re not sure if we have to pay them. What are some guidelines as to whether or not we need to put them on the payroll?

Are there special requirements for training employees who do not speak English well?

07/09/2010
Q. Our company recently hired some employees who do not speak English as their first language. What are our obligations in training these employees?

HIV case shines spotlight on ADAAA’s broader disability definition

07/09/2010
A recent court case sheds light on whether HIV is a disability under the ADA Amendments Act of 2008. In Horgan v. Simmons, the court held that an HIV-positive man who was terminated after disclosing his medical condition to his supervisor could pursue an employment discrimination claim under the ADA. This case reflects the trend toward broader protection under the ADA.

DOL stiffens child labor penalties

07/09/2010

The DOL has raised the penalties for employers that violate the nation’s child labor laws. Fines for employers with workers under the age of 12 now start at $8,000. Minimum fines for hiring 12- or 13-year-olds now stand at $6,000 for each violation. In cases where 14- or 15-year-olds are illegally hired, the fines range between $6,000 and $11,000 per violation.

After years of harassment, settlement in flasher case

07/09/2010

Biewer Wisconsin Sawmill has agreed to settle sexual harassment complaints brought by two female employees alleging a male co-worker repeatedly exposed himself to them over the course of several years. Biewer, which has a manufacturing and distribution outlet in Seneca, failed to deal with the complaints promptly …

Balance Staffing blindsided by recruiter’s ADA lawsuit

07/09/2010
Balance Staffing’s short-sighted treatment of a visually impaired recruiter will cost it $100,000 to settle a disability discrimination suit.