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Wisconsin

Court tossed class-action suit? Your legal worries aren’t over yet

06/14/2010

Here’s more incentive to pay close attention to your compensation practices: Wage-and-hour lawsuits can easily morph into collective actions in which a few employees represent all similarly situated employees. Even if an employer manages to persuade the court that the claims aren’t suitable for a collective action, that doesn’t mean the case is over.

Remind hiring managers: What you wear during interview may invite discrimination lawsuit

06/14/2010

Have you reminded managers and supervisors that they should keep their dress professional when conducting interviews? If not, do so. Attire that’s too casual—especially if it features a potentially offensive logo or design—can easily lead to a discrimination lawsuit.

Just one applicant? You’re not required to hire

06/14/2010
It’s perfectly legal for an employer to decline to hire or promote someone even if he’s the only applicant. In fact, it may very well be a good business decision to wait under those circumstances.

Unsubstantiated rumors don’t add up to liability

06/01/2010
Public employers aren’t necessarily liable if they fail to respond to vague rumors about employee misconduct, as the following case shows.

Dismissed criminal charge doesn’t require reinstatement

05/17/2010

When an employee is charged with a criminal offense that reflects on his ability to perform his job, many employers suspend or even fire the employee. If he’s acquitted, must he get his job back? Not necessarily.

When reasonable accommodation is time off, it’s OK to count it as FMLA leave

05/17/2010
Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. Employers are free to subtract the time off from any FMLA hours available.

Don’t believe it: Employee facing discipline can’t quit and then claim constructive discharge

05/17/2010

Some employees quit and then argue that they had no choice but to do so. This is known as “constructive discharge.” Such a claim can succeed in court if the employee can show that working conditions became so intolerable that quitting was the only reasonable response. But an employee can’t quit and claim constructive discharge just because he’s facing potential disciplinary action.

You don’t have to create employee’s ‘perfect’ job when accommodating disability

05/17/2010

Some disabled employees go to great lengths to hide their conditions—perhaps out of pride or fear that they’ll be discriminated against. They may look long and hard for a perfect job that allows them to work without any sort of accommodation. But what happens if the disabled employee who has, in effect, managed to secretly “self-accommodate” is moved to another position? Can she request that she move back to her old, perfect position?

When documenting hiring processes, be sure to track rejected job offers, too

04/15/2010
Here’s a tip for avoiding lawsuits over alleged discrimination. Don’t keep statistics just on the employees you hire. Track those to whom you offered a job, but who turned it down, too.

Employee doing more than one job? Make sure all fit FLSA exempt status

04/15/2010

In these hard economic times, lots of businesses are restructuring jobs to cut costs. Sometimes that involves assigning an employee to perform two very different kinds of work. If you find yourself asking exempt employees to double up like that, be careful not to run afoul of the Fair Labor Standards Act. Make sure that both jobs being performed fit into one of the exempt categories—though not necessarily the same one.