Date archive: September 2014

EEOC Sues Employer That Required Employee To Complete A Health Risk Assessment

In order to manage and control rapidly rising healthcare costs, many employers have implemented wellness programs in order to educate employees and encourage greater health awareness. A common feature to most wellness programs includes an annual health risk assessment. Oftentimes, employees are incentivized to complete the assessment either through reduced premium costs or gift cards….

Lewellen v. Franklin: Missouri Supreme Court Holds Statutory Cap on Punitive Damages Unconstitutional

On September 9, 2014, the Missouri Supreme Court unanimously struck down the State’s punitive damage cap in Lewellen v. Franklin, 2014 WL 4425202 (Mo. banc Sept. 9, 2014). The plaintiff in Lewellen was a 77-year-old widow with less than $1,000 of monthly income who contracted to purchase a vehicle with National Auto Sales North’s (“National”)…

Illinois Governor Signs Bill Giving Pregnant Employees New Rights

Illinois Governor Pat Quinn has signed a bill that makes it a civil rights violation for an employer to refuse to make “reasonable accommodations” for pregnant employees. The law takes effect Jan. 1, 2015. Under the new law, employers must make reasonable accommodations if a pregnant employee asks for it, but employers can require documentation…

Why You Can Never Be Too Careful: Terminating an Employee on FMLA Leave

The short advice, of course, is think twice and carefully before deciding to terminate an employee who is taking or attempting to qualify for FMLA leave. A recent case from the Seventh Circuit Court of Appeals, Hansen v. Fincantieri Marine Group, LLC, addressed some of the perils of administering employee FMLA leave. There, at the…

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