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Employment Law

After Wal-Mart, Illinois court & 7th Circuit uphold class certification

03/22/2012
Class-action litigation returned to the spotlight with last year’s Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes. In Wal-Mart v. Dukes, the Supreme Court refused to certify what would have been the largest-ever employment class action against a private employer. Now the 7th Circuit has weighed in.

EEOC targets last-chance deals that limit employee rights

03/22/2012
The EEOC has won the first round in a legal battle over whether an em­­ployer may ask workers to waive their rights to file future discrimination claims.

‘Walking the corn’ deaths lead to fines

03/22/2012
Mount Carroll-based Haasbach LLC has resolved 25 OSHA citations stemming from the deaths of two young workers at its grain bin facility.

Employee is his own lawyer? Take case seriously, anyway

03/22/2012

If one of your employees sues you and acts as his own attorney, treat the case just as seriously as you would any other lawsuit. Courts have to follow through with the legal process, including reviewing the employer’s evidence.

No application on file, no failure-to-hire claim

03/22/2012

People who want a job must actually apply for it before they can allege they weren’t hired for discriminatory reasons. It’s easy to prove someone didn’t apply. Simply post job openings and retain all applications.

Small amount at stake in employee suit? Know when it’s best to consider settling

03/22/2012

Sometimes, it’s better to settle than to fight. If a case is pretty clear and the potential liability small, it makes sense to pony up the settlement money. Otherwise, a court may punish bullheadedness with a large award for attorneys’ fees.

Having anti-harassment policy isn’t enough: You had better be prepared to enforce it, too

03/22/2012

It’s not enough to have an anti-harassment and discrimination policy in your manual. It’s not even enough to train everyone regularly on what the policy requires. What really counts is enforcing the policy when complaints come in. If you don’t, the penalty may be punitive damages.

Warn managers: That snarky email may be the smoking-gun evidence that loses a lawsuit

03/22/2012

It used to be that managers picked up the phone when seeking HR’s input on how to handle an employee problem. These days, they send an email. That can spell big trouble. Email, unlike a phone conversation, leaves a perfect record of what transpired. And courts don’t hesitate to use email as evidence.

More union members in 2011, thanks to private-sector gains

03/22/2012
Changing economic conditions and favorable rule-making in Washington helped U.S. union membership in­­crease to 14.8 million workers last year, according to the Bureau of Labor Statistics. In Illinois, 16.2% of workers belong to a union.

You don’t always have to terminate harasser

03/22/2012

Sexual harassment runs the gamut, from out-and-out assault to un­­welcome flirting. No sane em­­ployer would hesitate to fire someone who physically harmed a co-worker. But for less severe, isolated incidents, less drastic action may be reasonable—as long as it solves the problem.