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Employment Law

Maintain computer time records to prove overtime hours

02/01/2008

When it comes to the Fair Labor Standards Act (FLSA), unpaid overtime claims are perhaps the most feared charges. It’s important to have solid records showing the hours worked, even for exempt employees. If it turns out the employee should have been classified as nonexempt, you’ll have to provide compelling evidence of the hours the employee actually worked …

Focus on safety–Not reducing claims–When discussing workers’ comp

02/01/2008

Employers naturally want to reduce their workers’ compensation claims—it means lower insurance costs, less lost time and higher productivity. But be careful how you frame the issue. Don’t discourage legitimate claims or retaliate against those who file claims …

Clean up workplace, or risk class-Action suit

02/01/2008

When a group of women all experience the same sort of harassment, it takes just one to find an attorney. She will then try to persuade the others to join in, making for a much more compelling story in court. The best approach is to take every complaint seriously …

Pregnancy suit seeks $5 million for former Chicago teacher

02/01/2008

Kathleen Williams, a former teacher at Sauganash Elementary School in Chicago, is suing the city school district and the Chicago Board of Education for $5 million, claiming she was fired for being pregnant …

Navistar weathers UAW strike

02/01/2008

A seven-week strike by the United Auto Workers (UAW) union against truck and engine maker Navistar International, based in Warrenville, ended in December …

EEOC doesn’t have to give much warning or detail in lawsuit

02/01/2008

According to a recent Northern District of Illinois federal trial court ruling, the EEOC doesn’t have to give employers more than a modicum of information when it files a federal discrimination lawsuit. Apparently, it’s enough to start a lawsuit with only general allegations that an employer “engaged in unlawful employment practices” …

Illinois Human Rights Act amended to be more employee-Friendly

02/01/2008

As of Jan. 1, 2008, employees have new rights under the Illinois Human Rights Act. The amendment, signed last August, permits employees for the first time to bring civil actions in circuit court and have their cases heard by juries. Originally, the Illinois Human Rights Act was a completely administrative, nonjury process for resolving employment discrimination claims …

Does destination of FMLA leave matter?

02/01/2008

Q. We are an Illinois-based company and have an employee whose mother is very sick with cancer and in need of medical care at home. The employee is entitled to FMLA leave. The issue is that the mother lives in Hawaii and he has asked for leave starting next month. I don’t mean to be “cold,” but it sounds like a vacation from our bitter winter. Must we grant the leave for him to go to Hawaii? …

Considering an employee hotline, but worried about anonymous complaints

02/01/2008

Q. We don’t have a hotline for employees to call to complain about harassment, discrimination or retaliation. We have been considering one, but we are concerned about anonymous complaints. Should we set up one anyway? …

Don’t reject convicted felons unless you have legitimate business reason

02/01/2008

Q. Our hiring process involves conducting background and reference checks. If an employee has a felony conviction within the past seven years, we automatically refuse employment. Any reason we should change our policy? …