FMLA, perfect attendance and getting sued (and losing)

September 19th, 2019

Fiona Ong at Shawe Rosenthal

When is a perfect attendance program not perfect?

  1. When it violates the FMLA.
  2. When it "resets the clock".
  3. Something to do with a point reduction system.
  4. When it isn't.
  5. Most of the above.

Fiona Ong has the key to this quiz but doesn't need it and explains it all for you anyway. 

IL Artificial hiring, salary history, required training, etc.

September 13th, 2019

Hannah Sorcic and Adam Weiner at ReedSmith

If you hire artificially, can you pay in Sweet N' Low?

Can you ask about an applicant's salary history? Is sexual harassment prevention triaining mandatory? Every year? Are non-employees protected from harassment by the law? Another mandatory annual reporting requirement every year?

Hannah Sorcic and Adam Weiner answer these questions (well, maybe not about paying in Sweet N' Low) and more.

PEO – back-office balm or toothpaste dispersant?

September 13th, 2019

Alaina Riley at Focus OneSource

A PEO is a back-office balm if you have 5-99 employees and want to offer Fortune 500 benefits, save time and off-load back-office administrative tasks.

PEO can be in your toothpaste too.

Alaina Riley at Focus OneSource, an Iowa ABI member, explains the PEO that eliminates back-office admin tasks.

SNL kind of explains that something can be two things, like a floor wax AND a dessert topping,

Retaliation (wait . for . it . . . ) is all about the timing

September 9th, 2019

Robin Shea at Constangy

You can teach timing.  Carol Burnett, comedian

You know, sometimes, when they say you're ahead of your time, it's just a polite way of saying you have a real bad sense of timing.  George McGovern, politician

Observe due measure, for right timing is in all things the most important factor.  Hesiod, father of Greek didactic poetry

In retaliation cases, timing is everything. Or almost everything.  Robin Shea, partner, Constangy

List 10 Up: How to investigate employee complaints

September 5th, 2019

Kelly Cardin at Ogeltree Deakins


You need to take 20 minutes and listen to this podcast.

Because an employee is going to complain. And you are going to have investigate. And this is how you should do it.

Here are your List 10 Up reasons to listen up to what Kelly Cardin has to say:

  1. Do I have to investigate?
  2. What's it (the complaint) all about?
  3. Preliminary plan of action
  4. Interviews - who, what, when, where
  5. Summarize back
  6. Confidentiality and retaliation
  7. Gather don't disseminate
  8. Facts not legal analysis
  9. Anything else I should know?
  10. Retaliation and confidentiality (yes, again and again and again)

Seriously, listen now.