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Employment Law

Nurses settle wage-fixing complaint with Chicago hospitals

04/15/2010

In a case that could have a ripple effect in four other states, Illinois nurses have settled a lawsuit that claimed Chicago-area hospitals colluded to depress wages in violation of antitrust laws. Nurse Alliance, affiliated with the Service Employees International Union, has filed similar lawsuits against hospitals in Michigan, New York, Tennessee and Texas.

OSHA claims Illinois Central railroaded whistle-blower

04/15/2010

In a case involving retaliation against an employee who reported a workplace injury, OSHA has won a judgment against the Illinois Central Railroad. The railroad investigated the reported injury—and then fired the man who reported it.

Air quality complaint isn’t basis for retaliation claim

04/15/2010

The Illinois Indoor Air Quality Act is designed to reduce indoor pollution. It tasks the Illinois Board of Health with enforcing statewide indoor air quality standards, because encouraging good air quality is good public policy. However, the law doesn’t specifically offer whistle-blower protection to employees who voice complaints about their workplace air quality.

Warn bosses: No criticism for filing bias complaint

04/15/2010

Now’s a good time to remind supervisors and managers that they must keep a cool head if an employee threatens to take a complaint to the EEOC or the Illinois Department of Human Rights. Angrily accusing the employee of insubordination or disloyalty will probably be viewed as retaliation for engaging in protected activity.

Feel free to impose legitimate discipline on employee, even if she’s on FMLA leave

04/15/2010

Perhaps you have faced this situation: An employee is about to be disciplined, but suddenly applies for FMLA leave. She begins her leave while the discipline is pending. Do you have to wait to punish her? Not if you can clearly show that the punishment is for legitimate reasons and not related to her FMLA leave.

When documenting hiring processes, be sure to track rejected job offers, too

04/15/2010
Here’s a tip for avoiding lawsuits over alleged discrimination. Don’t keep statistics just on the employees you hire. Track those to whom you offered a job, but who turned it down, too.

Employee doing more than one job? Make sure all fit FLSA exempt status

04/15/2010

In these hard economic times, lots of businesses are restructuring jobs to cut costs. Sometimes that involves assigning an employee to perform two very different kinds of work. If you find yourself asking exempt employees to double up like that, be careful not to run afoul of the Fair Labor Standards Act. Make sure that both jobs being performed fit into one of the exempt categories—though not necessarily the same one.

Beware FMLA trap in no-fault attendance policy

04/15/2010
Lots of employers have no-fault attendance policies, which allow a certain number of unexcused absences without any documentation, and then punish employees who go beyond allowable limits. No-fault policies are fine—as long as they don’t penalize workers for taking FMLA time off.

Alcoholics still have to follow work rules

04/15/2010

The ADA protects people who are alcoholics from discrimination based on their disability. That doesn’t mean, however, that alcoholic employees don’t have to follow standard workplace behavioral rules. Simply put, alcoholism isn’t an excuse for poor behavior—and you don’t have to tolerate it.

Can we reduce pay for exempt employee who will miss work for intermittent FMLA leave?

04/15/2010
Q. One of our salaried supervisors has informed us that he needs to take two hours off work each week for the next two months to undergo medical treatment. His physician has certified his illness as a “serious health condition” under the FMLA. May we reduce his pay for the time he will miss work, or are we required to continue to pay his full salary to retain his exempt status under the Fair Labor Standards Act?