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Employment Law

As a religious institution, are we insulated from discrimination liability?

04/05/2010
Q. I am the principal of a Catholic school. I’ve always believed that, because we are a religious institution, discrimination laws don’t apply to us. While we certainly never intend to discriminate against our employees, we do make decisions from time to time that an employee could challenge in court. Am I right that we don’t have to worry about discrimination liability?

How do we calculate the rolling FMLA year?

04/05/2010
One of the four permissible ways for an employer to calculate employees’ 12-week FMLA leave entitlement is to use a 12-month period measured backward from the date an employee uses any FMLA leave. For employers, this rolling 12-month period is the most administratively burdensome—and also the most advantageous.

How many lawyers do we need? Lawsuit names company and individual managers

04/05/2010
Q. An ex-employee who we fired just filed an FMLA lawsuit against us. In addition to our company, he also named as co-defendants the HR, benefits and plant managers, along with me, the president and CEO. We believe the employee was legally terminated. Is there any risk in having our corporate attorney represent all of the defendants in the lawsuit?

FMLA eligibility: How serious is that serious health condition?

04/05/2010
One of the trickiest parts of administering FMLA benefits is figuring out just whether an employee’s health condition qualifies for leave. Who decides, and how?

AK Steel sues former employees for stealing trade secrets

04/05/2010
West Chester-based AK Steel has filed suit against three former employees in Butler County Court, alleging that they stole company secrets when they went to work for a competitor.

Toledo-area BP refinery hit with OSHA fines

04/05/2010
OSHA has levied more than $3 million in fines against BP North America and BP-Husky for violations at their plant in Oregon, Ohio. The fines result from a September 2009 inspection that revealed 42 willful violations of OSHA codes and 20 serious violations.

Lowe’s to offer free employee health screening

04/05/2010
Home-improvement giant Lowe’s is offering free health screening to its employees. It also recently announced that it will fully cover heart surgery costs at the Cleveland Clinic for any Lowe’s employee (or family member) from anywhere in the U.S. and Canada.

Ignoring complaint won’t make it go away

04/05/2010

It’s tempting to ignore the constant gripes of a serial complainer. But that won’t make the problem go away. Be ready for possible lawsuits by investigating, deciding what happened, disciplining if necessary and documenting the whole process.

Patience a winning virtue when employee sues pro se

04/05/2010
Some employees don’t let the lack of a real case stand in their way. They’re going to sue—even if they have to act as their own lawyers. If an employee decides to proceed pro se—without an attorney—be patient. Trust that the case will end up being dismissed.

Pull up a chair: You must have ADA accommodations talk with disabled employees

04/05/2010
Here’s one of the most common mistakes employers make when managing employees with disabilities. They know that generally, the employer gets to choose the reasonable accommodation. But what they don’t realize is that simply unilaterally declaring an accommodation won’t pass muster under the ADA.