EMPLOYMENT LAW

Halting internal probe pending EEOC action isn't retaliation

04/28/2016
Employees who simultaneously file an EEOC charge and an internal complaint usually can’t win a retaliation claim just because their internal complaint was put on hold pending the outcome of the EEOC claim.

No free speech protection when speaking out is just part of government worker's job

04/28/2016
Unlike employees in the private sector, government workers have the right to speak out on matters of public importance without being punished for doing so.

Prove good faith on ADA accommodations by tracking how worker responds to offers

04/28/2016
Be sure to track employee accommodation offer responses to show lack of cooperation.

Intra- or interstate? It matters for OT suit

04/28/2016
Drivers who deliver merchandise via interstate commerce aren’t covered by the Fair Labor Standards Act, but by the Motor Carrier Act.

Favoritism may be defensible, still a bad idea

04/28/2016
A manager playing favorites does not automatically mean a lost lawsuit, but it can still be problematic.

Uber settles lawsuit for $100M, retains contractor status

04/27/2016
The popular ride-sharing service has reached an agreement with its drivers in California and Massachusetts that preserves independent contractor status, but gives some new job protections.

The NLRB announces list of new priorities

04/27/2016
Fresh off an active year in which the National Labor Relations Board announced expansive new employee handbook rules, the NLRB just released an updated list of priorities that should worry employers.

Predictable scheduling picks up steam

04/26/2016
State attorneys general want to know what major retailers are doing to make their employees’ work lives more predictable.

New FEHA regulations protect transgender employee rights

04/22/2016
New regulations affecting how California’s Fair Employment and Housing Act (FEHA) addresses transgender individuals went into effect on April 1, 2016.

WHD crushes SoCal recycler with double damages

04/22/2016
An Orange County recycler will pay 15 workers $200,378 in back wages and damages after a U.S. Department of Labor Wage and Hour Division investigation uncovered numerous Fair Labor Standard Act violations.

Immigration status doesn't make arbitration invalid

04/22/2016
A federal judge has ordered a case to arbitration despite an employee’s argument that it was invalid partly because of his status as an undocumented worker.

Lawsuit may constitute protected speech

04/22/2016
Filing a lawsuit alleging corruption or wrongdoing is, according to a recent ruling, a form of protected speech for public employees.

Court decides to modify parts of arbitration agreement instead of throwing it all out

04/22/2016
A federal court has stricken unconscionable parts of an arbitration agreement and ordered arbitration of the remaining parts.

Patience pays off when handling disabled employee's return-to-work issues

04/22/2016
Patience has its rewards, especially when dealing with a newly disabled employee who might not be able to return to her job.

Effort to discredit public servant risky

04/22/2016
Purposely conspiring to discredit a government employee in order to get him discharged may violate his rights, as a recent case shows.
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