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  • HR Specialist: Employment Law
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David B. Ritter

How far can our company go in prohibiting employees from smoking?

07/20/2009

Q. We are committed to providing a healthy and safe environment for our workforce. To that end, we strictly prohibit smoking on company property. Can we also prohibit employees from smoking during their lunch breaks and outside of work?

An hour of intermittent FMLA leave? A half hour? 15 minutes? How low can employees go?

06/16/2009

An employee approved for intermittent FMLA leave says she only needs to take an hour this week. Can she take leave in such a short increment? Could she take even less?

You’re now strictly liable for supervisor sexual harassment

06/12/2009

In a significant ruling interpreting the Illinois Human Rights Act, the Illinois Supreme Court recently expanded employers’ potential exposure to sexual harassment claims and damages by holding that an employer is strictly liable for sexual harassment committed by a supervisor, even if the supervisor does not directly supervise the employee who is harassed.

Does the Lilly Ledbetter Fair Pay Act protect employees other than women?

06/12/2009

Q. Carlos, a longtime Latino employee, frequently complains that he is paid less than his white, non-Latino counterparts. He blames this pay discrepancy on a previous supervisor who allegedly denied him several promotions in the late 1990s because of his national origin. I have heard about the Lilly Ledbetter Act. Could it affect us in this case?

E-Verify again an eligibility verification option for Illinois employers

05/11/2009

The federal E-Verify program allows employers to voluntarily enroll in the federal government’s Internet-based system for verifying the employment authorization documents submitted by new hires. Consult your attorney before enrolling in E-Verify to determine whether it makes sense to do so.

What are the FMLA eligibility rules for employees who leave and then come back?

05/11/2009

Q.  We have an employee who has worked for us for just six months. However, three years ago, she worked for us for about a year before quitting and going back to school. Now she has requested time off under the FMLA. Is she eligible?

How can we save on payroll but still have employees work their full schedules?

05/11/2009

Q. We are having trouble making payroll and have asked our employees to give up pay for 20 hours per month while they work their regular schedules. Can we do this?

How brief a time increment must we use when granting FMLA intermittent leave?

05/11/2009

Q. An employee has requested one hour of unpaid intermittent FMLA leave. Can we require him to use up a half or full day of leave instead?

How should we handle bonuses and overtime?

05/11/2009

Q. We routinely pay our nonexempt employees an annual holiday bonus. What effect, if any, does this have on their regular rates of pay for purposes of calculating overtime?