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Employment Law

CAIR reports rise in religious discrimination complaints

11/12/2008

The Council on American-Islamic Relations (CAIR) reports that bias complaints by Muslim workers increased by 18% in 2007, reaching a record 452 cases. Complaints by Muslim job applicants also rose by 34%.

AG recommends no pension for convicted prisons director

11/12/2008

Donald Snyder, former director of the Illinois Department of Corrections (IDOC), forfeited his right to pension benefits when he was convicted of engaging in “a scheme to defraud the people of the state of Illinois,” Attorney General Lisa Madigan said.

Can a ‘bad’ motive firing of an at-will employee backfire?

11/12/2008

Marsha Bartel was an award-winning NBC journalist working on the “Dateline NBC” television show. NBC fired her, claiming it was laying off staff. She sued, alleging NBC had fired her for complaining that the show was not adhering to NBC’s internal ethical standards. The case offers some important reminders about how to handle termination of at-will employees.

Our applicant turns out to be a transgender—can we revoke the job offer?

11/12/2008

Q. Our company has just made a job offer to a highly qualified man to work in our company’s IT department. During the final stages of our interviewing process, the candidate told us that “she” is transgendered —that she would be transitioning from male to female. We believe employing a transgender employee could be very disruptive and cause a morale problem in the company. Can we rescind the offer based on the candidate’s transgender status?

How must employees ask for FMLA leave?

11/12/2008

Q. Does an employee have to say that she wants to “take FMLA leave” in order to satisfy the requirement that she notify her employer of her “intent to take leave”? What must an employee tell an employer to preserve her right to take FMLA leave?

Is it legal to ask departing workers to waive FMLA claims?

11/12/2008

Q. In our severance agreements, we typically require a terminated employee to waive all claims, including FMLA claims that could have arisen while the employee worked for us. I’ve now heard that it is improper for employers to get waivers of FMLA rights from existing employees. What should we do?

New FMLA regs one step closer to final approval

11/11/2008

The U.S. Labor Department is set to implement the first major revision of the FMLA since the law was passed in 1993. If approved, the proposed changes could help employers administer the complex 15-year-old law and avoid lawsuits. But the proposal carries a few extra burdens for employers, too.

New president, new Congress: 5 new employment laws could reshape HR

11/11/2008

When Barack Obama takes office in January, get ready for the most sweeping employment-law changes the HR world has seen in years. Attorney Mike Fox walks you through the legislation likely to reshape HR, possibly even in the first 100 days of the Obama administration. Here’s how to prepare.

Warn managers: No negative comments on FMLA

11/10/2008

Anxiety about the economy and job prospects may adversely affect some employees, especially those prone to stress-related illnesses or whose physical problems flare up when working long hours. As a result, you may see an increase in requests for FMLA leave. Be careful not to criticize employees for trying to exercise their FMLA rights …

Strange bedfellows in Cincinnati PD lawsuit

11/10/2008

Cincinnati Police Officers Keith Fangman and Paul Graves Jr. filed a class-action lawsuit challenging city rules they say prevented them from supporting their chosen presidential candidates.