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David B. Ritter

What are our notice requirements for responding to an employee’s FMLA request?

01/11/2010

Q. We have an employee who just told us she needs leave to care for her son, who is in the hospital. What are our time restraints in responding to the request?

How much advance notice can we demand when an employee wants to take FMLA leave?

01/11/2010

Q. How much notice should an employee give an employer before taking FMLA leave?

Can we retroactively designate FMLA leave?

01/11/2010

Q. We have an employee who is on leave for two weeks to care for her ill husband. She is also pregnant and has told us she wants to take FMLA leave after she gives birth. We haven’t yet designated her current time off as FMLA leave. Can we do so and cut her entitlement by two weeks?

Does calling in ‘sick’ constitute FMLA notice?

01/11/2010

Q. Is calling in “sick” sufficient notice that an employee needs FMLA leave?

Let the sun shine in—or you could wind up facing ADA liability

12/01/2009

The ADA requires employers to provide reasonable accommodations to enable employees to perform the essential functions of their jobs. While the types of reasonable accommodations required can vary greatly depending on the employee’s medical condition and the particular job, it was not until recently that a court found that permitting an employee to work in natural light might be a reasonable accommodation.

How to reduce liability for harassment: Do the right thing

10/11/2009

In a case that has simple yet profound lessons for employers, the 7th Circuit Court of Appeals has ruled that an employer wasn’t liable for co-worker harassment—all because the company acted fast and effectively when it discovered the harassment.

What kinds of employers does the Illinois Employee Classification Act cover?

10/01/2009

Q. What is the Illinois Employee Classification Act? I’m not sure if it applies to my company.

Age discrimination harder to prove following 7th Circuit ruling

09/14/2009

The 7th Circuit’s recent opinion in Martino v. MCI represents the first opportunity for that court to apply the U.S. Supreme Court’s recently clarified standard for determining liability in disparate-treatment cases brought under the ADEA. Together, the two decisions make it harder for employees to win some age discrimination lawsuits.

What’s the new law? Must we now provide health insurance to employees’ adult children?

09/14/2009

Q. I understand that Illinois has passed a new law requiring certain employer-provided insurance policies to cover an employee’s dependents who are up to age 26 (or up to age 30 in some instances). Which employers and which policies are affected by the new law?

Federal court defines limits for FLSA retaliation lawsuits

08/14/2009

As with many other federal employment laws, the Fair Labor Standards Act includes a retaliation provision that protects workers who complain that their employer has violated the law. Until recently, it wasn’t clear what kinds of complaints actually triggered the FLSA’s protections. That’s now changed.