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Employment Law

Snubs alone don’t support discrimination lawsuits

01/11/2010

Some employees see every little slight as a major affront and think they are being discriminated against. Fortunately, courts don’t want to be in the civility business—and they frequently toss out such cases.

Don’t give up just because EEOC rules against you

01/11/2010

All is not lost if the EEOC rules against an employer during a lawsuit’s initial stages. Judges can refuse to let a jury hear what the agency concluded. Lesson: Don’t let an adverse EEOC decision persuade you to settle.

Allstate hands over $4.5 million to settle age bias claims

01/11/2010

Northbrook-based Allstate Insurance has agreed to pay $4.5 million to 90 former agents who alleged the company’s move to turn employee agents into independent contractors disparately impacted older agents and violated the ADEA.

Aaron Rents settles harassment case, but still faces civil suit

01/11/2010

East St. Louis-based Aaron Rents has settled a sexual harassment case brought by the EEOC on behalf of Ashley Alford, an employee at the company’s Fairview Heights store. Alford started working at the store in her late teens. Almost immediately, her manager began requesting sex from her. She complained to the manager’s boss and even called the company hotline, but the company took no action.

Twist on bias headed for Supreme Court? Cat’s paw theory claws back

01/11/2010

After taking a back seat to other employment issues on the U.S. Supreme Court’s agenda, the “cat’s paw” theory of liability may well be coming back into the spotlight, and employers better be ready. Whether or not Staub v. Proctor Hospital reaches the Supreme Court, the case should be a wake-up call: Cat’s paw cases are out there and they can lead to protracted, costly litigation.

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?

Unemployment Insurance

01/08/2010

HR Law 101: Under the Federal Unemployment Tax Act (FUTA) and state laws, employers are obligated to pay payroll taxes to provide unemployment compensation to employees who lose their jobs. By understanding how the system works, you may be able to cut your state tax rate through efficient claims control …