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Employment Law

Governor signs Employee Classification Act

10/01/2007

Gov. Rod Blagojevich signed Illinois’ Employee Classification Act into law in early August. The law targets the construction industry with the intent to prevent employers from misclassifying employees as independent contractors. Under the law, people performing construction work are presumed to be employees unless they can meet the ABC test …

Understanding how Illinois leave laws overlap with FMLA

10/01/2007

Illinois employers must comply with numerous state leave laws, in addition to the federal FMLA. To track leave usage, employers must understand which state leave laws overlap with the FMLA …

Beware lawsuit if re-Org adversely affects older workers

10/01/2007

If your organization is planning an extensive reorganization or creating an entirely new subsidiary, take care to consider the impact on older workers. If, in the process of leaving one company entity or subsidiary and going to another, older workers lose substantial benefits they used to enjoy, you may be courting an Age Discrimination in Employment Act (ADEA) lawsuit …

Tough attendance policy? Careful when calling ‘Strike three’

10/01/2007

To combat absenteeism, many organizations use a progressive discipline approach. These plans feature escalating penalties plus a no-excuses approach to the final violation. Some plans call for automatic termination when an employee hits a specific number of days absent or times tardy. That’s fine. Those measures may decrease late arrivals and cut down on unexcused absences. But if a termination is about occur, HR must be sure the last incident is beyond question …

Act fast to end harassment, stop hostile environment claims

10/01/2007

When employees complain they are being harassed or say they work in a racially hostile environment, treat those claims seriously. Thoroughly and completely investigate their complaints, and resolve them as soon as possible …

Even isolated comments can trigger age discrimination suits

10/01/2007

Train managers and supervisors: No age-related comments! None. A simple sentence might not form the entire basis for an age discrimination lawsuit, but it can add fuel to an otherwise-smoldering case …

Watch what you promise: Michigan employment contracts can be oral

10/01/2007

In Michigan, employers and employees can enter into employment contracts without using written agreements. As long as one of the parties can prove what the terms of the agreement are, a court may enforce the agreement. One way to protect your organization is to have all new hires sign an acknowledgment that no oral promises are binding, and that all contracts must be in writing …

Interview and consider applicants even if they’re receiving SSD payments

10/01/2007

Applicants and employees who are so disabled they are eligible for Social Security Disability (SSD) payments can still sue for disability discrimination under state law. Why? Because claiming you are totally disabled and unable to work (as required to get SSD benefits) doesn’t mean you don’t think you could do some type of work with reasonable accommodations …

Deaf Ann Arbor man dogged by gas station discrimination

10/01/2007

A hearing-impaired man filed an ADA suit against an Ann Arbor gas station after an attendant ordered the man to leave the store. According to the complaint, Robert Hurdley entered Golfside BP in Ann Arbor on June 6 accompanied by his service dog. Hurdley, who can read lips, claims the attendant told him to leave because dogs are not allowed in the store …

Exclusivity or discrimination? Hotel reconsiders ‘Women-Only’ floor

10/01/2007

The new JW Marriott in Grand Rapids had plans to reserve a hotel floor exclusively for women. The rooms would offer chenille blankets, robes and special soaps for a $30 premium over regular room prices. Now the novel arrangement, designed to entice female business travelers, is on hold …