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Employment Law

All periods of employment count toward FMLA eligibility

01/01/2008

For the purpose of determining FMLA eligibility, all time spent working for an organization counts toward the minimum one year of service the law requires. That’s true even if there was a gap in employment …

Whistle-Blowers must first pursue claims administratively

01/01/2008

Federal employees who report alleged wrongdoing by the agencies they work for are entitled to special protections for their whistle-blowing actions. But they also have obligations—if they believe they have suffered retaliation, they must bring an administrative claim before the U.S. Merit Systems Protection Board before filing a lawsuit in federal court …

Wellness program: Can you require employees to join?

01/01/2008

A “perfect storm” of an aging work force, escalating health care costs, more obese and sedentary employees and a looming shortage of skilled workers could drive organizations to make their wellness programs mandatory within a few years …

You don’t have to raise arbitration at the EEOC stage

01/01/2008

If, like many employers, you would rather avoid litigation by relying instead on arbitration to settle workplace disputes, you probably know that employees still may take their claims to the EEOC. That’s because the agency claims an interest in knowing whether employers are following the nation’s anti-discrimination laws. But it’s perfectly legal to force an employee into arbitration over those same claims …

Remind supervisors: Neglecting job descriptions, appraisals lead to trouble

01/01/2008

It may be a busy, hectic and crazy workplace, but that doesn’t excuse supervisors and managers from providing updated and accurate job descriptions and documenting job performances. Workplaces that neglect those essential duties face huge lawsuit risks …

Trying to avoid romantic trouble? Make sure transfer doesn’t look like punishment

01/01/2008

Although there is no blanket rule against transferring someone who has been involved in a romantic relationship with a co-worker, make sure the transfer benefits the transferred party and can’t be viewed as punishment. Otherwise, the transferred employee may claim retaliation …

DaimlerChrysler prevails on sexual harassment charges

01/01/2008

A woman who worked in DaimlerChrysler’s Toledo machining plant lost her sexual harassment case against the company partly because of a sound employment agreement—and partly because the company responded appropriately to her complaint …

Goodyear to pay $4.4 million in Seattle sexual harassment case

01/01/2008

A court has awarded $4.4 million to a Seattle woman who worked at a Goodyear store and endured harassment—and eventual retaliation—because she is gay …

Steelworkers sue over WARN Act violations

01/01/2008

The United Steelworkers union filed a complaint against Meridian Automotive Systems Inc., claiming the company violated the federal Worker Adjustment and Retraining Notification Act when it permanently laid off workers at its Jackson, OH, plant in August of 2007 …

Ohio Supreme Court narrows right to file wrongful discharge claim

01/01/2008

The Ohio Supreme Court has narrowed the scope of the public-policy wrongful discharge claim in Ohio. In Leininger v. Pioneer Nat’l Latex, the Ohio Supreme Court said employees couldn’t claim wrongful discharge after being fired for speaking out on alleged age discrimination. Here’s what the decision means …