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Employment Law

Minor adjustments: Complying with federal teen labor rules

06/16/2009

Your risk of running afoul of the child labor laws has increased, and penalties can be harsh. A recent government study found a surprisingly high percentage of teen employees working longer hours than federal law allows, and also in jobs deemed too dangerous by law. Now, federal and state safety investigators are more interested than ever in child labor compliance.

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?

Suspect FMLA leave abuse? Tread carefully

06/12/2009

Employees who take intermittent FMLA leave can often cause real problems for employers because they take time off so sporadically. But sometimes you may detect a pattern that indicates the employee might be abusing authorized intermittent leave. Can you fire him?

On-demand leave isn’t reasonable accommodation

06/12/2009

Some employees think that any disability that periodically acts up entitles them to unlimited time off. Sometimes, courts view extra time off as a reasonable accommodation, but there are limits.

Not so warm and fuzzy at Aurora Build-A-Bear Workshop

06/12/2009

Stuffed-toy retailer Build-A-Bear Workshop has been cited for child labor violations, including several that allegedly occurred at its Aurora store. According to a federal audit, the company allowed workers under age 18 to operate trash compactors and ride in freight elevators without an adult operator.

Feel free to reassign employees if it’s justified—you won’t be liable for retaliation

06/12/2009

Ever since the Supreme Court decided the White v. Burlington Northern case in 2004, retaliation lawsuits have been all the rage. But lately there’s been good news for employers. Courts have been refining the retaliation standard for almost five years and have begun concluding that truly minor work changes aren’t retaliation.

Check bankruptcy cases when sued—you just might win a quick dismissal

06/12/2009

Employees who file for bankruptcy are supposed to list all their assets in their bankruptcy petitions, including pending lawsuits or potential lawsuit claims. That’s because creditors may be entitled to a share of those assets to satisfy debts. The reason: It’s unfair to creditors for someone to discharge their debts and then collect a million-dollar judgment from her employer.

Warn managers and supervisors: No negative talk about military service

06/12/2009

Here’s a good way to avoid litigation: Warn all your supervisors and managers that bad-mouthing an employee’s military service can spell trouble. That’s because any disciplinary action following such talk could be viewed as evidence military service was a factor in the decision.

Always consider how jury might see retroactive actions

06/12/2009

The 7th Circuit Court of Appeals has ruled in a long-running case that a jury acted properly when it concluded an employer’s retroactive termination of health insurance violated the FMLA.

Declining to cooperate with investigation isn’t protected

06/12/2009

Before an employee can sue for retaliation, she has to show she participated in some form of protected activity—filing an EEOC or internal discrimination complaint, for example. But what about refusing to cooperate with an employer’s investigation?