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Illinois

Employee fudges appointments, claiming FMLA? Count that as an unexcused absence

07/18/2012
Some employees abuse their rights under the FMLA and try to take time off to which they aren’t entitled. Take, for example, an employee who takes an unscheduled trip to his doctor’s office and claims that time as FMLA leave. It isn’t.

Beware policies forcing workers to take leave: That can be considered an adverse action

07/18/2012
Placing an employee on forced leave can form the basis for a lawsuit, according to a recent 7th Circuit Court of Appeals decision. That’s true even if the forced leave is consistent with company policy and applies to all employees.

Skokie firm learns the perils of ignoring the feds

07/18/2012
When the U.S. Department of Labor filed a complaint on behalf of misclassified workers at Skokie Maid and Cleaning Services, the company failed to file a response of any kind. Now it’s on the hook for more than a half-million dollars following a default judgment for the workers.

Scrutinizing employee’s work isn’t retaliation

07/18/2012
The courts—which have been slammed with retaliation lawsuits—have begun narrowing what they consider retaliation. For example, the 7th Circuit has ruled that merely scrutinizing someone’s work more closely after a complaint isn’t retaliation.

Fire away if worker abuses intermittent leave

07/18/2012
If you suspect intermittent FMLA leave abuse, take action. You can check up on the employee or ask her what she is doing on the days she designates as intermittent leave. If she’s not using the time as required, you can discipline her.

State-by-state 2012 short-term child-care leave laws

07/14/2012

The federal FMLA doesn’t cover employees who take time off for school visits or to care for kids who aren’t seriously ill but who must stay home from school. Some state laws do. The chart below summarizes state short-term leave laws.

Can we request applicants’ Facebook passwords?

06/25/2012
Q. We have heard that employers are increasingly screening applicants online, including by going to their Facebook pages. Can we require an applicant who has a private Facebook page to give us the password to that page?

How should we handle nonexempt pay for overnight, off-site meeting trips?

06/25/2012
Q. We sometimes require our hourly employees to commute from the office to a two-day meeting that includes company-sponsored social activities and an overnight stay. They then return to the office after meetings on the second day. How do we pay them for this time?

7th Circuit: Clothes-changing, travel time are not compensable

06/25/2012
In Sandifer v. U.S. Steel Corp., the 7th Circuit held that an employer wasn’t required to pay employees for time spent changing into and out of work clothes and time spent traveling to and from the locker room and the work area.

Trib pays back $32 million to employee stock plan

06/25/2012
The Tribune Co., the U.S. Department of Labor and Greatbanc Trust Co. have agreed to restore $32 million to the media giant’s employee stock ownership plan.