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

Employment Law

Think contractors can’t sue for bias? They can–under little-noticed Section 1981

07/18/2012

Some employers mistakenly believe that if they hire independent contractors, they can get rid of them at will without risking a discrimination lawsuit. That’s not true. Independent contractors can sue for race discrimination under a different section of the Civil Rights Act—called Section 1981.

Employee fudges appointments, claiming FMLA? Count that as an unexcused absence

07/18/2012
Some employees abuse their rights under the FMLA and try to take time off to which they aren’t entitled. Take, for example, an employee who takes an unscheduled trip to his doctor’s office and claims that time as FMLA leave. It isn’t.

Beware policies forcing workers to take leave: That can be considered an adverse action

07/18/2012
Placing an employee on forced leave can form the basis for a lawsuit, according to a recent 7th Circuit Court of Appeals decision. That’s true even if the forced leave is consistent with company policy and applies to all employees.

Skokie firm learns the perils of ignoring the feds

07/18/2012
When the U.S. Department of Labor filed a complaint on behalf of misclassified workers at Skokie Maid and Cleaning Services, the company failed to file a response of any kind. Now it’s on the hook for more than a half-million dollars following a default judgment for the workers.

Scrutinizing employee’s work isn’t retaliation

07/18/2012
The courts—which have been slammed with retaliation lawsuits—have begun narrowing what they consider retaliation. For example, the 7th Circuit has ruled that merely scrutinizing someone’s work more closely after a complaint isn’t retaliation.

Fire away if worker abuses intermittent leave

07/18/2012
If you suspect intermittent FMLA leave abuse, take action. You can check up on the employee or ask her what she is doing on the days she designates as intermittent leave. If she’s not using the time as required, you can discipline her.

What type of ‘family care’ qualifies for FMLA leave?

07/17/2012
Do you get nervous and sweaty when an employee asks for leave to help care for a sick family member? You know this could count as FMLA leave. But what kind of “needed care” is really needed to be eligible for FMLA leave? A new court ruling further helped define the boundaries …

Violence flares? You can discipline flexibly

07/16/2012
Do you have a zero-tolerance policy for workplace violence? That doesn’t mean you have to fire everyone who violates the letter of the rule. You can use some discretion, as long as you document why.

Detail discipline so you can later explain why punishment was appropriate and fair

07/16/2012
A discrimination lawsuit compares what happened to the complaining employee with what happened to others outside his protected class. Details matter. For example, an isolated instance of rude behavior is one thing, but constant rudeness is something else entirely. It can justify different, more severe punishment.

Make sure rigorous performance expectations don’t drive employees to work off the clock

07/16/2012
You may be tempting fate—and a Fair Labor Standards Act class-action lawsuit—if you demand so much productivity from employees that they can’t reasonably get everything done within the time you allow. The problem: Employees may feel compelled to work off the clock.