• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Ask attorney for help in structuring joint ventures to limit employer liability

01/16/2009

Good news if your company is involved with another firm in a joint venture that includes provisions for sharing labor and workers’ compensation insurance costs: Employees working under the joint-venture agreement can’t sue you for damages relating to injuries covered by the workers’ compensation system.

No vote required: Government workers can organize with cards

01/16/2009

The Illinois Supreme Court has ruled that public employers have to accept a union as their employees’ bargaining representative if the union shows that a majority of the employees have authorized union dues deduction.

Employees may have 3 years to sue for FMLA violations

01/16/2009

Don’t throw out those leave requests or FMLA certifications—especially if you rejected any requests—until at least three years have passed. Employees have up to three years to file an FMLA lawsuit if the alleged violation was willful—and they don’t have to go to the EEOC or a state discrimination agency first.

Chicago protest becomes symbol of the nation’s woes

01/16/2009

Workers who occupied Republic Windows and Doors in Chicago after getting three days’ notice that the plant was closing became a symbol of the nation’s economic trials, drawing support from then-President-elect Barack Obama.

State agency cuts drug testing to stretch shrinking budget

01/16/2009

The Illinois Department of Children and Family Services (DCFS) has stopped conducting drug tests on job applicants as a cost-cutting measure. DCFS introduced the drug tests in February 2008 for all applicants for jobs that involved direct contact with children and families.

Pharmacists against emergency contraception to get trial

01/16/2009

On Dec. 18, the Illinois Supreme Court overturned a lower court’s dismissal of a lawsuit by two pharmacists who seek the right to refuse to dispense emergency contraception because of their religious beliefs.

Don’t assume privacy clause guarantees privacy

01/15/2009

Some employers include a privacy clause in their applications and handbooks that tells employees they can opt out of having their names and addresses released to third parties. However, if a worker who is suing for wage-and-hour violations wants to get his hands on employee names and contact information for the purpose of building a class-action case, those privacy clauses can’t stop it.

Remember to recalculate overtime after bonus

01/15/2009

If, like many employers, you rely on a bonus plan to help retain valued employees and motivate them to work hard, don’t get caught in this common trap: Employees who worked overtime during the bonus-earning period will be entitled to additional overtime pay after they get their bonuses.

Respond ASAP when disabled worker requests reasonable accommodation under FEHA

01/15/2009

California’s Fair Employment and Housing Act (FEHA) requires employers whose disabled employees ask for accommodations to “engage in a timely, good faith, interactive process with the employee … to determine effective reasonable accommodations.” The key is to act promptly.

Use this simple rule when interviewing: If it could be a slur, don’t say it

01/15/2009

Remind all hiring managers and supervisors that absolutely no racial slurs are allowed during an interview—not even in passing or in jest. Applicants who aren’t hired will get a jury trial if they can show that someone with hiring authority uttered a racial slur.