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Employment Law

No pay? No doubt you will face a lawsuit!

07/24/2012
Never skip a payday. That’s just asking to be sued, as the following case shows.

Hey, we just wanted the lease, not the legal bills!

07/24/2012
Sunset Car Wash had no idea it was about to be cleaned out when it took over the lease from Auto Spa Express. A court has ruled Sunset must pay back wages and penalties owed to Auto Spa’s former em­­ployees.

Endless arbitration case goes another round

07/24/2012

Some employers favor arbitration agreements as a way to cut down on expensive and time-consuming litigation and avoid rogue juries that often sympathize more with workers than big, bad employers. But the reality is that arbitration agreements often cause more litigation, not less.

Be prepared to explain business case for RIF

07/24/2012

Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off employees’ attorneys routinely do that math. But employers can beat such statistical arguments by showing that their decision-making processes weren’t based on age, but on other legitimate business reasons.

Use 4 strategies to certify and control intermittent leave

07/24/2012
Managing FMLA intermittent leave can be vexing, but employers do have some tools to combat leave abuse. One of the most important is FMLA certification. Here are four tips on certifying FMLA intermittent leave requests:

Does sharing employees equal sharing overtime liability?

07/19/2012
Q: A client has two stores that are separate franchises. Both stores share employees, including the store manager. How can we calculate overtime when an employee works at both stores, and how do we allocate those hours between the stores?

What are the new EEOC rules on age bias?

07/18/2012
Q. What is the final rule that the EEOC issued regarding the Age Discrimination in Employment Act (ADEA)?

HR pro on trial: ‘Cat’s paw’ individual liability under Section 1981

07/18/2012
The 7th Circuit recently considered for the first time whether an employee can be individually liable under a “cat’s paw” theory of retaliation under Section 1981. In Smith v. Bray the court held that an employee could sue an HR manager individually for retaliating against him by influencing the decision to fire him.

Schaumburg paramedic sues over lost duties

07/18/2012
Scott Kody is suing the village of Schaumburg, claiming it discriminated against him when it stripped him of his fire-safety training duties three years ago.

Mandatory firings lead to $380K ADA settlement

07/18/2012
Mokena-based United Road Towing will pay $380,000 to settle charges it discriminated against employees by terminating them at the end of their medical leaves rather than exploring possible accommodations.