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Employment Law

What elements need to be included in a claims waiver associated with a severance agreement?

08/23/2010
Q. We are considering providing an enhanced severance package to a group of employees if they agree to waive all potential claims against the company, including age discrimination claims. Are there any specific steps we need to take in connection with these releases?

Must we restructure job for injured worker?

08/23/2010
Q. One of our school employees hurt her back while assisting students in the classroom. She went out on workers’ comp and has now reached maximum improvement, according to her doctor. But she can’t do her old job. Do we have to provide another job for her?

Remind bosses: Handle FMLA requests stoically, even if they’ll cause scheduling problems

08/20/2010
An employee’s request to take FMLA leave can be frustrating for supervisors who have to manage schedules and projects. But if they voice those concerns in a way that seems angry or annoyed, they may be creating the perfect storm for an FMLA interference lawsuit. Remind them to accept FMLA requests professionally, without emotion.

Outrageous co-worker harassment? 4 quick actions can help you avoid liability

08/20/2010

It’s going to happen eventually: An employee will report egregious behavior that is clearly sexual harassment. If your organization is lucky, the harasser will be a co-worker, which means you will have a shot at mitigating the damage with quick action. Here’s what to do when the co-worker harassment call comes in:

Lesson from the court: Never disclose former employees’ medical info

08/20/2010

“Hi, this is Mike from XYZ Company. I’d like to ask you a few questions about a former employee whom you used to manage.” At some point in managers’ careers, they’ll receive such a phone call from an ex-employee’s prospective employer. Be careful: One simple mistake in your response could trigger an expensive lawsuit. Remember: Never disclose medical information about former employees.

What are the new regulations on paying for time employees spend changing clothes?

08/18/2010
Q. How has the recent DOL interpretation letter addressed an employer’s obligation to pay employees for time spent changing clothes?

Do we have new public works hiring rules?

08/18/2010
Q. What are the new hiring preference requirements on Illinois public works projects?

Does the FMLA apply when an employee has to care for a child she isn’t related to?

08/18/2010
Q. We have an employee who cares for a child but does not have a legal or biological relationship to the child. The employee wants to take a child-related leave under the FMLA. Is she eligible?

Cook County HRC finds ‘substantial evidence’ of District’s anti-gay bias

08/18/2010

The Cook County Human Rights Commission has found “substantial evidence” of sexual-orientation discrimination in its investigation of the Bremen Community High School District No. 228. The case began after the district fired Superintendent Richard Mitchell following a series of clashes with the board.

Elks Lodge pays to settle sexual harassment suit

08/18/2010

Three current and former female bartenders who complained of sexual harassment on the job at an Elks Club in Southern Illinois will split a $107,500 settlement. Three board members at Elks Lodge No. 954 in Jerseyville were accused of propositioning and sexually touching the women.