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Court Sees Through Illinois Costco Manager’s Retaliation Claim

By Kelly Smith-Haley, Fox, Swibel, Levin & Carroll LLP The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid job-protected leave for certain family and medical reasons. The FMLA also prohibits employers from retaliating against employees who exercise their rights under the Act. But employees have certain obligations to meet before being […]

Pay Budgets and Variable Pay—What’s Really Happening?

Increases. Budgets. Bonuses. Variable Pay. Compensation is never a simple issue, but it’s an important cornerstone of employee engagement and satisfaction, as well as talent acquisition. What’s happening with pay budgets and variable pay in the real world? What are your competitors up to? Help us find out!

Workers’ Compensation Mental Stress Claims May Be Expanded

By Bill Duvall Employers in Canada have taken comfort from the fact that most provincial workers’ compensation agencies provide benefits for workplace mental stress only in very limited circumstances. But that comfort may be threatened, at least in British Columbia. Earlier this month, the B.C. government introduced legislation that, if passed, will expand workers’ compensation […]

Outlook for 2012—The Wage/Hour Hot Spots

What’s in store as we begin 2012? Robust agencies with more aggressive tactics, says attorney Charles Plumb, but you can prepare yourself to fend off the worst of it. Plumb, a partner with McAfee and Taft in Tulsa, Oklahoma, made his remarks at BLR’s Advanced Employment Issues Symposium in Las Vegas. He was joined by […]

National Guardsman Gets Second Chance After Termination Following Deployment

by Barbara J. Koenig, Foster, Rieder & Jackson, P.C. As you know, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal statute that protects the employment rights and benefits of uniformed servicemembers who have returned from military deployment. USERRA not only requires employers to rehire returning employees who were absent from their […]

New West Virginia law requires accommodations for pregnant employees

by John R. Merinar, Jr., and Carolyn A. Wade A new West Virginia law taking effect June 4 means employers in the Mountain State must make reasonable accommodations to a job applicant’s or employee’s known limitations involving pregnancy, childbirth, or related medical conditions. The Pregnant Workers’ Fairness Act amends the West Virginia Human Rights Act. […]

Catch Me If You Can Compensation? DOL Says ‘I Caught You’

Employers can say “Catch me if you can,” but they had better be ready to explain their decisions when the DOL says ‘I caught you,” says consultant Jonna Contacos-Saywer. “There is a dramatic increase in wage and hour lawsuits,” says Contacos-Sawyer (and the recent Wal-Mart decision probably means an even greater increase). At her presentation […]

How Many ‘F Bombs’ Before It’s Illegal?

How many “Fs” does it take until it’s illegal? “You don’t care,” says attorney Jonathan Segal, “because long before it’s illegal it’s unacceptable, and you should act.” It all depends, says Segal. Say someone just got some terrible news and he says, “Oh, f—.” Is that harassment? No, says Segal, but it may be inappropriate. […]