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Employment Law

What’s the new Illinois minimum wage?

10/12/2010
Q. We’re looking to hire a few new workers. What is the least amount we need to pay them?

How will the new Illinois Family Military Leave Act amendment affect us?

10/12/2010
Q. How does the recent amendment to the Illinois Family Military Leave Act affect employers?

Federal court makes it tougher for employees to prove retaliation

10/12/2010

Federal courts often use the well-known McDonnell Douglas burden-shifting test to determine whether an employer has unlawfully discriminated against an employee. Now the 7th Circuit Court of Appeals has ruled that when it considers an Illinois workers’ compensation retaliation claim, it must apply an Illinois state law rule that is more demanding for employees than the McDonnell Douglas test.

$10 million settlement puts brakes on Roadway lawsuit

10/12/2010

Racial harassment complaints against Roadway Express for actions that took place at its Chicago Heights and Elk Grove Village locations were so involved they outlasted the company. Roadway recently merged with Yellow Transportation to form YRC, one of the nation’s largest freight haulers. Now the new entity is on the hook for millions of dollars—and a big culture change courtesy of the EEOC.

Northbrook temp agency settles race bias suit

10/12/2010

Northbrook-based temp agency Paramount Staffing has agreed to settle a race and national-origin bias suit resulting from actions occurring at its Memphis office. The suit alleged Paramount refused to hire black applicants for warehouse positions, instead filling all the spots with Hispanic workers.

IHOP owners flipped, harassment onus didn’t

10/12/2010
Flipmeastack, an Illinois franchisee for the International House of Pancakes restaurant chain, will have to implement sexual harassment training and pay out $105,000 following a federal judge’s decision. The decision upheld an earlier jury award to two teenage employees at the franchisee’s Racine, Wis., location.

Remember: You must consider chronic conditions when employees request FMLA leave

10/12/2010
Employers sometimes mistakenly focus only on the FMLA provision that defines a serious health condition as one that incapacitates an employee for three calendar days or more. Don’t focus solely on illnesses of three days’ duration. If the employee has a brief flare-up of an underlying condition that has been treated in the past, he may be eligible for FMLA leave.

Transferring an employee may be retaliation, but merely discussing a transfer isn’t

10/12/2010

Retaliation is anything that would dissuade a reasonable employee from complaining about discrimination in the first place. That’s not to say every little negative thing that happens following a discrimination complaint is retaliation. Take, for example, a transfer to another position or shift.

Feel free to set generous FMLA notice terms, but rely on the law if you wind up in court

10/12/2010
Some employers cut more slack than the FMLA requires when employees fail to give timely notice that they want to take FMLA leave. The company typically might send an employee a letter informing her that, since she didn’t show up for her last scheduled shift or offered an explanation, she has five days to return or explain why she can’t work. If the reason is one covered by the FMLA, she may already have lost the right to claim FMLA leave.

Gender bias in Joslin could end company’s federal contracts

10/12/2010

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has charged Tyson Fresh Meats with gender discrimination at its facility in Joslin. A DOL investigation revealed that Tyson’s selection system and procedures discriminated against women seeking entry-level positions at the plant.