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Employment Law

FMLA: Flare-ups every Friday? Check it out

01/20/2012
While employees with chronic medical conditions are typically entitled to FMLA leave, such intermittent absences are fertile ground for abuse. After all, an employee on intermittent leave can simply call in and say his condition is acting up. But that doesn’t mean you’re powerless if you suspect abuse.

IRS clarifies fine points of VCSP classification initiative

01/20/2012
Under the IRS’ Voluntary Classification Settlement Program (VCSP), you may change workers’ status from independent contractors to employees for future years. One major concern with VCSP has been potential liability for reclassified workers under the FLSA or state wage payment laws.

Labor pains: NLRB keeps turning out anti-business hits

01/20/2012
The National Labor Relations Board is continuing its string of pro-union actions: 1. Arbitration agreements can’t ban class-action lawsuits. 2. New rules will speed up union elections. 3. Poster requirement delayed to April 30. 4. NLRB makes controversial recess appointments.

Gospel truth: You must accommodate employees’ religious needs

01/18/2012
Charges of religious discrimination filed with the EEOC have increased steadily in recent years. One recent case provides a powerful reminder that employers are obligated to reasonably accommodate an employee’s religious beliefs and practices.

AutoZone must pay $415,000 for disability discrimination

01/18/2012
Now there’s a price tag on an ADA case that has been percolating through Illinois courts for years. The Auto­­Zone chain of car-parts stores must pay $415,000 to a former manager who balked at doing custodial chores because of a debilitating neck injury.

Feds rock Brunswick’s boat, charge gender discrimination

01/18/2012
The federal Office of Federal Con­­tract Compliance Programs (OFCCP) is suing a subsidiary of Lake Forest-based Brunswick Corp.—Lund Boat Co., located in Minnesota— alleging it discriminates against women in its hiring practices.

Notice date–not workers’ last day–starts lawsuit calendar

01/18/2012
Employees don’t have forever to sue for wrongful termination—and the clock may start ticking even before their last day on the job. That can mean all the difference in court.

Beware ADA lawsuit if you fire after FMLA leave expires

01/18/2012
Don’t make a common, but potentially expensive mistake. You can terminate an employee who isn’t ready to return to work when he has used up his FMLA leave without violating the FMLA. However, you may be violating the ADA by doing so.

No requirement to break up love triangles–but be prepared for workplace violence

01/18/2012

When romance blooms at work, trouble may lurk not far behind. That’s especially true when co-workers fight over the same love interest. A spurned employee may be out to get her rival, leading to all sorts of conflict. Fortunately, this isn’t the sort of thing that employers have to intervene in—as long as there’s no workplace violence.

Inability to perform a specific job doesn’t mean employee is disabled

01/18/2012

Some employees seem to believe that every medical problem is a disability that requires accommodation. That’s not true. Employees aren’t disabled unless their condition substantially limits a major life function. If the only effect is an inability to perform a specific job—not a class of jobs—the employee isn’t disabled and doesn’t have to be accommodated.