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Wisconsin

Audit wages and salaries to identify hidden sex bias

06/11/2008
It doesn’t take much for a sex discrimination complaint to turn into a trial. Sometimes all it takes to start a Title VII sex discrimination and Equal Pay Act lawsuit is hiring a woman to fill a position that had been previously held by men who made more money …

Beware new trend: Courts increasingly cut slack for vets

06/11/2008
More and more former service members are using the benefits Congress provided when it passed USERRA. In a recent decision, the 7th Circuit Court of Appeals excused a former service member from even the most minimal of requirements before filing suit. That case is clearly part of a trend, one that may lead to more litigation for organizations that employ veterans …

Seek legal assistance when negotiating contract terms with union

06/11/2008
It may be tempting for HR professionals to try to negotiate and draft key aspects of union collective-bargaining agreements. But there are good reasons to leave collective bargaining to labor relations and legal experts …

Compulsory call-Out doesn’t automatically mean paid wait time

06/11/2008
Some industries are prone to emergencies that suddenly increase the workload. And some companies insist that all employees be available by phone or other means at least part of the time. That doesn’t mean, however, that those subject to a mandatory call-out must be paid for the time they spend waiting for a call …

Good news: Employees have just two years to file sales commission complaints

05/27/2008
It could have been the case that employer nightmares are made of—but the 7th Circuit Court of Appeals saved the day. Interpreting Indiana law, the federal court ruled that employees have just two years to sue over disputed sales commissions, not the 10 years a former employee argued for …

OK to fire and then investigate—But be consistent

05/14/2008
It’s legitimate to discipline or fire employees who behave badly. But employers that mandate suspension or termination for rule violations must apply the policy to everyone who violates the same rule. Then they should follow up with a prompt and thorough investigation into exactly what happened …

Evenly enforce policy prohibiting employee fraternization

05/14/2008
If, like some companies, you have a policy forbidding dating or relationships between supervisors and hourly employees, make sure you enforce the rule consistently …

Plan to pick up slack when FMLA leave cuts worker output

05/14/2008
For better or worse, intermittent FMLA leave sometimes has the effect of turning a full-time job into a de facto part-time one. That means an employee taking intermittent leave probably won’t get everything done. it’s up to the employer to figure out how to fill the gap …

Investigative finger points back at accuser? It’s OK to fire

05/14/2008
Sometimes, a sexual harassment or other discrimination complaint ends up revealing more about the person complaining than it does about the alleged offense. If you conduct a fair, impartial and prompt investigation and discover that the problem is with the person making the complaint, you can take action …

You can require FMLA certification form directly from doctor

05/14/2008
Are you concerned about possible FMLA abuse? The law and FMLA regulations allow employers to insist on receiving FMLA certification forms directly from a health care provider’s office—and not by way of the employee. That way, there’s little chance the employee can alter what the doctor has certified …