Employers are usually cognizant of discrimination and harassment claims. However, they are often blindsided by retaliation claims. The successful resolution of a discrimination or harassment complaint means you are only halfway home. Supervisors and employees must not retaliate against the employee who complained. This is even more important now because of a recent United States
Employment Law
Iowa Association of Electric Cooperatives Human Resource Seminar
By Rush Nigut on
Posted in Employment Law, Events
Rush Nigut is a featured speaker at the Iowa Association of Electric Cooperatives (IAEC) Human Resource Seminar this Tuesday, September 19, 2006 at the Wildwood Lodge in Clive, Iowa.
Rush’s topics include defamation, wage and hour issues, retaliation and discrimination in the workplace.
D.C. Court of Appeals Declares Tax on Emotional Distress Damages Unconstitutional
By Rush Nigut on
Posted in Employment Law
In a decision described as a "blockbuster" and a "bombshell", the U.S. Court of Appeals for the District of Columbia has ruled the IRS may not tax emotional distress or professional reputation damage awards unrelated to lost wages or earnings.
The case began when Marrita Murphy sued the Department of Labor…
Employers Must Protect Employees’ Social Security Numbers
By Rush Nigut on
Employers Must Protect Employees’ Social Security Numbers
In a recent newsletter update from the Krupin O’Brien employment law firm, attorney Natalie Cantor Gros wrote an informative article regarding the importance of employers protecting the Social Security numbers of employees.
The article points out that a Michigan employer paid $275,000 settlement to group of 911 operators…
The Use of Comp Time in Place of Overtime
By Rush Nigut on
The Use of Comp Time in Place of Overtime
Some employers decide to provide employees comp time instead of paying overtime. Under the law, employers are usually not allowed to provide only one hour of comp time for each hour of overtime. Instead, an employer may be able to give compensatory time if the overtime…
Employers Face Overtime Lawsuits
By Rush Nigut on
Employers Face Overtime Lawsuits
According to Business Law Today and the Washington Post lawyers for big businesses around the country are working overtime to protect corporate giants facing lawsuits for failing to pay overtime to rank-and-file employees.
As discussed in an article by Stephen Franklin of the Chicago Tribune, cases against State Farm Mutual…
Be Careful When Deducting From Last Paycheck
By Rush Nigut on
Posted in Employment Law
Employees are often issued laptops, cell phones and other technologies. Unfortunately employees will often fail to return equipment when they leave the company. When that happens many employers want to deduct the value of the equipment from the employee’s last check. Iowa employers must familarize themselves with Iowa Code Chapter 91A.5 concerning deductions from wages.
Does Your Employee Manual Cover Sexual Orientation?
By Rush Nigut on
Posted in Current Affairs, Employment Law
Did you know that several cities including Des Moines,Iowa now have laws or ordinances prohibiting workplace discrimination based on sexual orientation? Even though no federal prohibition exists, there is a trend toward enacting legislation in this area.
Under these laws, it is generally unlawful to use sexual orientation to:
Refuse to hire a job applicant.
Attempt to Steal Coke Recipe Proves Point
By Rush Nigut on
Three people are facing federal charges for trying to steal Coke’s trade secret information and offering to sell it to rival Pepsi. Apparently, Pepsi immediately notified Coke about this offer, who in turn notified the FBI. One of the defendants is reportedly an administrative assistance to a Coke executive.
This proves the point of a…
Employers Will Face More Retaliation Claims
By Rush Nigut on
Posted in Employment Law
Employers are expected to face more retaliation claims due to a recent United States Supreme Court decision which adopted a broader definition of anti-retaliation provisions Title VII of the Civil Rights Act of 1964. The act forbids an employer from firing, demoting or harassing employees that complain about discrimination on the job.
Under the ruling…