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Employment Law

Señor Fish on the hook for underpaying hourly wages

09/21/2012
Los Angeles-area restaurant chain Señor Fish has agreed to a settle a Fair Labor Standards Act lawsuit with the DOL. An investigation by the department’s Wage and Hour Division revealed the taquería business paid its employees “straight time” for all hours worked …

It’s all hilarious … until someone sues

09/21/2012
You know the gags: Post-it notes labeling everything in Greg’s cubicle. Duct-taping Stacey’s office door. Photoshopping Dave’s picture on a photo of a Sumo wrestler. But what should you do when the jokes go too far?

Are we allowed to fire a mentally ill employee who makes threats?

09/20/2012

Q. On three occasions, an employee threatened colleagues with physical violence. After the last incident, she explained to her manager that she is bipolar and going through a prescription change. She said she was unaware of making threats, was truly sorry and never meant any harm to anyone. Do we have to tolerate this behavior now that we know she may be disabled?

Can we insist that doctors’ notes include a diagnosis of an employee’s medical condition?

09/20/2012

Q. May we ask for a diagnosis when an employee ­requests a few days of sick leave? Or must we ­accept any doctor’s note without any explanation?

New Illinois law bars employer access to social media accounts

09/20/2012
Some employers have recently begun to require employees and applicants to provide their passwords or otherwise allow access to their social media accounts. The Illinois Legislature has now put a stop to that practice.

Federal courts take a second swing at Prospect

09/20/2012
A federal judge has ordered Chicago-based Prospect Airport Services to implement an anti-harassment program after determining that the company ignored previous court orders issued after it settled an EEOC harassment suit in 2010.

Going-out-of-business sale price: $80,000 for bias

09/20/2012
Genie Temporary Service in La Salle will be closing its doors soon, but not before paying $80,000 to a former temp who the EEOC says was a victim of disability discrimination.

Court: Reporting student’s threat is protected speech

09/20/2012
A teacher who was fired after filing a police complaint against a student who threatened him at school has won the right to a jury trial.

Use rational criteria to make hiring decisions

09/20/2012
As long as hiring managers can logically explain why one applicant was selected instead of another, courts probably won’t question the choice.

Worker just mentions family member’s illness? That’s not adequate FMLA notice

09/20/2012
Good news on the FMLA front: A court has ruled that employees have to do more than merely mention that a family member is sick to trigger an employer’s FMLA obligations.