EMPLOYMENT LAW

'Our customers don't think that should be a man's job'

04/27/2017
The EEOC filed suit on behalf of a male ultrasound technician whose clients requested a female technician.

Comp time could become option for most employers

04/27/2017
A bill working its way through the House of Representatives would allow private-sector employers to offer comp time in lieu of overtime pay.

Business leaders suggest DOL regs to kill

04/27/2017
Last week we reported briefly on Trump administration efforts to reach out to industry leaders and employers seeking suggestions on which government regulations should be cut. The results are now in.

Accommodate religion during onboarding

04/27/2017
Everyone knows it’s illegal to discriminate based on religion when hiring, and that employers must reasonably accommodate religious practices once employees begin working. Not as well-known is the need for religious accommodation during onboarding.

Overtime rules still dead, hearing delayed until June 30

04/25/2017
Stop us if you’ve heard this one before: A federal court has agreed to a Department of Labor administration request to postpone its defense of the yet-to-be-enacted overtime rules finalized last year.

Can we require seven straight days of work?

04/24/2017
Q. Tax season is very busy at our accounting firm. Can I schedule employees to work every day of the week during the spring?

Supreme Court rules on acting capacity of government officials

04/24/2017
The U.S. Supreme Court has ruled that individuals awaiting confirmation to fill vacant federal positions cannot begin assuming those duties while their confirmation is pending.

$325K settlement in Visalia, Calif. ADA class action

04/24/2017
Magnolia Health Corp. in Visalia, California, has agreed to settle charges that its policies violated the ADA.

Economic test hits brakes on taxi drivers' contractor claims

04/24/2017
A group of taxi drivers lost their bid to be reclassified as employees. They remain independent contractors.

Employee's sophisticated negotiation skills may help make employment contract binding

04/24/2017
Are you negotiating an employment contract with an applicant for a high-level position? If the applicant actively participates in that negotiation and makes counter-offers to the terms you propose, chances are a court won’t later throw out the agreement even if it includes an arbitration clause.

Tell managers: No comments of any kind about discrimination complaints

04/24/2017
The risk: Even if a complaint gets tossed out, employees could have a valid retaliation claim.

Your best protection against bias lawsuits: Let he who hired be the one who fires

04/24/2017
If the manager has moved on, all is not lost. You can still argue that the worker was hired knowing his status and that it makes no sense to then have fired him for that characteristic.

Carefully track exempt employees' work, too

04/24/2017
It’s up to the employer to establish exempt status and to provide the proof that the worker did perform exempt tasks at least half the time.

'No pet' policy doesn't cover emotional-support animals

04/20/2017
A Florida trucking company refused to hire a military veteran who used a service dog, citing its “no pets” policy.

Beware class actions in wage-and-hour cases

04/19/2017
It doesn’t take much for a court to approve a class-action overtime lawsuit if it is clear that a company policy affected everyone in the same job classification.
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