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Indiana

Tick tock, watch work off the clock

11/21/2023
Would you know compensable working time if you saw it? If you pay for noncompensable working time anyway, you can put conditions on your payment. Two cases illustrate.

Be prepared to prove why remote work isn’t a reasonable disability accommodation

09/25/2023
In many cases, disabled workers qualify for telework as an ADA reasonable accommodation if working from home instead of an office enables them to perform their job’s essential functions. However, that doesn’t mean employers must always grant a request to work remotely. If the job simply can’t be done offsite, then telework isn’t a reasonable accommodation.

Court dismisses EPA case as push for pay equity intensifies

01/18/2023
To win an EPA case, the worker must show that the opposite sex was paid more for “equal work requiring substantially similar skill, effort and responsibilities performed under similar working conditions.” That’s increasingly difficult in a work environment where numerous new jobs rely on extremely specialized skills, making it almost impossible to prove jobs are substantially similar enough to allow a comparison.

Ask these questions to determine what’s an essential function

12/07/2022
Whether employers must provide a reasonable accommodation depends on whether a proposed accommodation allows the disabled employee to perform the essential functions of their job. If no accommodation is possible, the employee isn’t qualified and, therefore, not protected under the ADA. You don’t have to hire or retain him.

Boorish behavior or harassment? Know the difference

10/26/2022
Not every crude comment or poorly received joke amounts to sexual harassment. An older federal appeals court decision overturning a sexual harassment jury award offers tips on what qualifies as illegal sexual harassment and where to draw the line.

Don’t discourage employees from taking FMLA leave!

10/25/2022
The Supreme Court declined to hear an Illinois case involving a corrections officer who claimed a manager told him that he would be disciplined if he took any more FMLA leave.

Consider writing FMLA ‘script’ for supervisors

06/16/2022
The FMLA has a built-in punishment for employers that discourage workers from taking FMLA leave. Those workers can sue for interference with their FMLA rights even if they were never denied time off. All it takes is for a supervisor to informally warn a subordinate that asking for FMLA leave could have workplace consequences.

Act fast to lessen liability for racial harassment

03/31/2022
As distasteful as bigoted speech may be, an employee’s single use of a racial slur isn’t always grounds for a successful harassment lawsuit—if the employer swiftly punishes the offending employee and it doesn’t happen again.

You may have to pay reservists for training time

03/04/2021
A federal court has ruled for the first time that employers must pay military reservists for the time they spend on training duty if the employer offers paid time off for other purposes.

Multiple businesses? Keep corporate records straight

11/05/2020
Employees who sue for discrimination under Title VII must show that the employer has at least 15 employees. But what about businesses with common ownership that are separate corporate entities?