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Employment Law

Illinois among states eyeing worker misclassification issues

06/14/2010

While Congress ponders the Employee Misclassification Prevention Act, several states are studying ways to target employers that misclassify their employees as independent contractors. Illinois is part of a joint task force studying the misclassification problem.

EEOC wins access to Quantum’s hiring documents

06/14/2010

Bolingbrook-based Quantum Foods faces a national-origin discrimination lawsuit from the EEOC, based on a Hispanic worker’s claim that he was terminated because of his national origin. The EEOC sought hiring records for the facility for the past four years.

Court tossed class-action suit? Your legal worries aren’t over yet

06/14/2010

Here’s more incentive to pay close attention to your compensation practices: Wage-and-hour lawsuits can easily morph into collective actions in which a few employees represent all similarly situated employees. Even if an employer manages to persuade the court that the claims aren’t suitable for a collective action, that doesn’t mean the case is over.

Remind hiring managers: What you wear during interview may invite discrimination lawsuit

06/14/2010

Have you reminded managers and supervisors that they should keep their dress professional when conducting interviews? If not, do so. Attire that’s too casual—especially if it features a potentially offensive logo or design—can easily lead to a discrimination lawsuit.

Just one applicant? You’re not required to hire

06/14/2010
It’s perfectly legal for an employer to decline to hire or promote someone even if he’s the only applicant. In fact, it may very well be a good business decision to wait under those circumstances.

Supreme Court rules on Chicago hiring test

06/14/2010
In a case coming out of Illinois, the U.S. Supreme Court has ruled that each time an employer uses the results of a test to select candidates for promotion creates a new opportunity for employees to challenge that test. That means if a test was invalid, its continued use may spur litigation long after the test was actually administered.

When must you pay interns? DOL aims to clarify controversial question by issuing new guidance

06/14/2010
As we told you last month, the DOL and many state agencies are cracking down on employers that illegally fail to pay their interns. Now the DOL has published “Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act” that helps clarify employers’ obligations.

Follow all leads when investigating allegations–even if they take query in new direction

06/11/2010

Investigations of workplace wrongdoing sometimes take unexpected turns. Don’t hesitate to keep digging, no matter where the evidence leads. You may discover that the employee who complained in the first place hasn’t been as innocent as he claims. If it turns out that an apparent victim has actually done something wrong, you can take disciplinary action.

IRS releases first round of guidance on new health care law

06/11/2010
Don’t panic if you’re not fully conversant on all the details of health care reform. The IRS, Department of Labor and other federal agencies will be rolling out regulations to put meat on the bones of this often-confusing law. The IRS last month published the first round of this avalanche of regulations. Find links to all IRS rules on the new health care law at www.IRS.gov.

High Court: Bias clock resets with each hiring decision

06/10/2010
In a unanimous decision, the U.S. Supreme Court in May ruled that the lawsuit clock resets each time an employer uses apparently biased job-qualification tests to make hiring decisions. The court said the timing of Title VII lawsuits doesn’t depend on when the test was administered, but on when the employer uses the test results, even if that’s years later.