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Employment Law

Managers: Never presume ‘What’s best’ for employees

02/01/2008

Few things spur a discrimination suit as fast as a manager’s misplaced paternalistic comment. Remind supervisors that employees should choose for themselves what promotion or training opportunities they want to pursue. Presumptions about what they might prefer or would be comfortable doing don’t belong in the workplace …

Set crystal-Clear rules governing employee absences

02/01/2008

Employers are free to set reasonable no-call/no-show rules for all absences, including those that qualify for FMLA time off.  On the other hand, if you discharge someone for failing to follow a rule that doesn’t spell out exactly how you expect employees to call in, don’t be surprised if you end up embroiled in a long, time-consuming and expensive legal battle …

Use two-Pronged approach to protect against harassment

02/01/2008

Sexual harassment cases continue to plague employers. Whether the harassment allegations involve a co-worker or a supervisor, the bottom line is simple: You need a two-part defense …

OK to place employee on paid leave pending investigation

02/01/2008

Ever since the U.S. Supreme Court’s landmark Burlington Northern retaliation decision in 2006, employers have been struggling with exactly what to do while investigating wrongdoings. One vexing issue has been whether it could be retaliation to place an employee on paid administrative leave pending an investigation …

Head off ADA complaints by proactively offering to discuss accommodations

02/01/2008

The ADA requires employers to engage in an interactive process to determine whether an applicant or employee is actually disabled and what, if any, accommodations are possible. But the law doesn’t expect employers to be clairvoyant …

Make sure you pay what contract states

02/01/2008

Indiana employers, listen up! Pay your workers what you say you will pay them, or get ready to pay a lot more. Employees can sue for unpaid wages under the Indiana Wage Payment Act and collect three times their unpaid wages. That can add up quickly …

Handbook helps convince court to overturn discrimination decision

02/01/2008

The Indiana Court of Appeals reversed a decision by the Michigan City Human Rights Commission finding that Filter Specialists Inc. discriminated against two employees because they are black. Dawn Brooks and Charmaine Weathers were fired in 2003 for time-card fraud …

Supreme Corporation takes $427,000 hit for discrimination

02/01/2008

Goshen-based Supreme Corporation, the nation’s leading truck body manufacturer, has agreed to pay $427,000 to settle a race discrimination lawsuit with the EEOC and seven former employees …

Indianapolis Navistar employees return to work after strike

02/01/2008

A seven-week strike by United Auto Workers (UAW) against Warrenville, IL-based truck and engine maker Navistar International Inc. ended in December. The union’s contract expired on Oct. 1, but employees worked through Oct. 23 before walking out on the company’s engine plants in Illinois and Indianapolis …

Health incentive plans must comply with HIPAA rules

02/01/2008

As another year of double-digit increases in health care costs looms, employers are looking to save money wherever they can. Recently, many have tried to do so by implementing incentive programs designed to improve the health of their employees. But health incentive plans must comply with the Health Insurance Portability and Accountability Act’s privacy and nondiscrimination rules …