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Employment Law

Ex-employees: Gone but not forgotten Courts’ broader definition of ’employee’ expands your liability

02/01/2002
Who are your employees? Seems like a pretty simple question. But, as in several aspects of employment law, the answer may surprise you. Two recent court rulings illustrate how, in …

One instance of sex-based pay is enough to prove discrimination

02/01/2002
Despite having applied for the position of route manager, Michelle Hennick was hired for the lower-level job of new account specialist for Schwans, a direct frozen-food seller. Hennick later sued the …

Strict new definition of employee ‘disability’ means less fear of ADA

02/01/2002
Employers won a big victory last month when the U.S. Supreme Court made it tougher for workers with job-related physical impairments to claim protection under the Americans with Disabilities Act (ADA). …

High court: EEOC can circumvent arbitration pacts

02/01/2002
In another highly anticipated decision, the Supreme Court ruled last month that the U.S. Equal Employment Opportunity Commission (EEOC) can file lawsuits on behalf of workers who had previously given up …

Employees must ‘fess up about their need for leave

02/01/2002
Linda Collins’ attendance record at work was spotty at best. Her employer warned her more than a dozen times, including four formal warnings. But when she again called in sick two …

Tortoise to hare: EEOC speeds resolution of bias cases

02/01/2002
If an employee files a discrimination charge against you with the Equal Employment Opportunity Commission (EEOC), don’t expect the case to hang in limbo. Reason: The EEOC is processing new discrimination …

When bias goes companywide, class-action lawsuits will follow

02/01/2002
Two recent rulings illustrate how more workers are seeking, and winning, class-action status in charges of companywide discrimination. Case 1. In December, a federal court in Illinois paved the way …

Rework your severance plan: More prospective employees seeking this safety net

02/01/2002
Even if your company has avoided layoffs, it’s still time to rethink whether your severance plan is achieving …

Accept Worker’s Choice of I-9 Documents

02/01/2002

Q. Is it true that under a recently passed law, our company no longer can request copies of picture I.D. and Social Security cards? —A.G., Texas

FMLA AND HOLIDAY PAY, PART II

02/01/2002

In last month’s Business Talk column, a subscriber asked about holiday pay for workers taking leave under the Family and Medical Leave Act (FMLA). Several of you asked us to elaborate …