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Kansas

Franchiser not liable for franchisee employees’ safety

04/09/2009

If your company franchises operations in Minnesota, you probably aren’t responsible if a franchisee’s employees are injured—even if you conduct an annual safety inspection.

Place employee on ‘provisional’ FMLA leave while seeking 2nd, 3rd certifications

03/12/2009

Employers don’t have to blindly accept their employees’ medical certifications. The FMLA allows you to get a second opinion about whether an employee’s request qualifies for leave … If the two certifications don’t agree, you can get a third and final certification to break the tie. But what happens during the interim?

Are you a prime contractor? Beware liability for your subs’ safety violations

03/12/2009

OSHA is responsible for worker safety, and it takes that responsibility seriously. It recently won a significant victory in the 8th Circuit Court of Appeals, which upheld OSHA’s right to hold contractors liable for their subcontractors’ safety violations.

Know what’s in that contract before you ask anyone to sign a noncompete

03/12/2009

More and more employers are asking their HR staffs to prepare noncompete agreements to prevent employees from taking trade secrets to competitors. Before you pull out a standard form or download one from the Internet, consider the consequences.

Coincidental timing alone does not make a retaliation claim

03/12/2009

Sometimes, employees think they can save themselves from being disciplined by making a fuss about possible employer wrongdoing. They assume that whistle-blowing will protect them from being fired, for example, because their employer’s timing will look suspect. Smart employers don’t fall for this.

Warn hiring bosses of age discrimination trap

02/12/2009

Employees who can show direct evidence of age discrimination will get their day in court. That direct evidence often comes after someone who played a part in making an employment decision (e.g., helped select a candidate for hire or promotion) makes a careless statement after the fact.

Protected speech can be used to prove retaliation

02/12/2009

Government employees who speak out on matters of public importance and are punished for doing so may be able to sue for unlawful retaliation. They may even be able to make those claims years later—if they can show a connection between speaking out and an adverse employment action.

Double-check for signs of retaliation whenever workers complain of discrimination

02/12/2009

Here’s how routine discrimination claims turn ugly fast: A supervisor or manager gets it in her head that she’s going to punish an employee for complaining. While it’s hard for employees to win most discrimination cases, it’s relatively easy for them to win retaliation claims.

Made a mistake? Fix it fast to avoid liability

01/13/2009

It can happen to the best manager or HR professional. You discipline or demote an employee, and then, when she files an internal grievance or asks the company to reconsider, you conclude she shouldn’t have been disciplined or demoted in the first place. What should you do?

Several locations? Beware accidental OT trap

01/13/2009

Here’s a trap you may fall into accidentally: If you have multiple locations, each operating independently, watch out for wage-and-hour violations involving employees who work at more than one location. Here’s why.