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Ohio

Worried about leave abuse? You can require regular call-Off

07/07/2008
Employees who have chronic medical conditions that require intermittent FMLA leave sometimes take advantage of alleged flare-ups to go on vacation or otherwise miss work for personal reasons. Discourage that kind of abuse by requiring them to call in daily. If the employee ignores the requirement, you can terminate her for failing to follow company policy …

Warn supervisors: Over-the-Top, irrational behavior may mean personal liability

07/07/2008
Do you have a problem supervisor or manager who acts like a Marine Corps drill sergeant? While it may not be technically illegal to berate and yell at subordinates, abusive bosses sometimes cross a dangerous legal line—the one that marks the boundary of behavior that constitutes intentional infliction of emotional distress …

Relying on law enforcement exemption? Be prepared to show volunteers meet the test

07/07/2008
Government agencies that employ fewer than five people in fire protection or law enforcement aren’t required to pay those employees overtime. A common problem is that many small public agencies rely on volunteers to perform firefighting and law enforcement duties. If that’s true at your agency, make absolutely sure those “volunteers” meet the volunteer test …

Spanish ship workers can sue Owens-Illinois for asbestos

07/07/2008
Fifteen Spanish workers are suing Owens-Illinois, Inc., based in Perrysburg, over asbestos exposure. A New Jersey appellate panel reversed a lower court ruling that dismissed the workers’ suit due to lack of jurisdiction …

Kroger will pay $16 million in discrimination suit settlement

07/07/2008
he Kroger Company will pay $16 million to settle a race discrimination lawsuit by 12 current and former employees. The lawsuit accused the Cincinnati-based grocery chain of blocking the promotions of black employees and paying them less than whites …

Teacher fired for burning cross on student’s arm

07/07/2008
The Mount Vernon City Schools’ Board of Education has moved to terminate a middle school teacher accused of burning a cross into a student’s arm. Over the years, school board officials have reprimanded Freshwater several times for refusing to remove his Bible from his classroom desk and teaching creationism alongside evolution …

Cintas will pay $1.18 million

07/07/2008
A California appeals court has ordered Cincinnati-based Cintas Corporation to pay more than $1.18 million in back wages and interest to 219 northern California workers for violating the city of Hayward’s Living Wage Ordinance. The judgment is believed to be the largest living-wage award in U.S. history.

Returning worker, FMLA leave and consecutive employment

07/07/2008
We have an employee who has worked for us for more than 12 months, but not 12 consecutive months (he left, and then we rehired him). Now this employee is requesting FMLA leave. Must the months of employment required to be eligible for FMLA leave be consecutive? …

Isn’t there some way we can provide honest references?

07/07/2008
Q. We work in a very small industry, and employees tend to circulate among various employers in our greater metropolitan area. Many of us belong to the same trade and professional organizations and know each other. We would like to be able to provide each other with honest information in response to reference checks about an employee’s work history, but everyone is reluctant to do so because the general opinion seems to be that the safer course of action is to give only names and dates of employment. Can employers provide honest information about the reasons for employment terminations in response to reference requests? …

Take steps to reduce your liability for co-Worker retaliation

06/12/2008
The United States 6th Circuit Court of Appeals has joined a growing number of federal courts holding that employers are liable for co-worker retaliation. The decision, in Hawkins, et al., v. Anheuser-Busch, increases employers’ liability when an employee retaliates after another worker has complained about improper conduct …