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Arizona

Employee must provide pay specifics in FLSA case

12/24/2014

A worker who files a Fair Labor Standards Act lawsuit claiming unpaid wages must actually set out facts showing that he wasn’t properly paid. Mere allegations aren’t enough.

Ban comments about age, national origin, but don’t sweat isolated incidents

12/08/2014

Here’s some good news. One single isolated comment about an employee’s advancing age or his country of origin isn’t enough to sustain a lawsuit claiming age discrimination.

Focus on behavior when disciplining jerks

10/06/2014

Some employees behave in ways that create an unpleasant environment for their co-workers, subordinates or supervisors. There’s no reason to put up with bullies and other ill-behaved employees.

Not hiring bikini models? Think twice before excluding men from job assignments

08/29/2014

There are some jobs where the employee’s sex is a “bona fide occupational qualification”—but not many. For the vast majority of positions, employers can’t exclude people of one sex and only hire members of the opposite sex. After a recent appellate decision, it seems unlikely that one-sex hiring will survive legal scrutiny.

Be prepared to justify military employee’s discharge

07/23/2014

USERRA provides job protection for military-connected employees once they return from extended military service. Employers shouldn’t fire covered workers without good cause and solid reasons. Be prepared to show you would have taken the same action whether the employee served or not.

Beware promising that benefits are permanent

03/27/2014

Here’s something to think about when you revise your handbook or send out an announcement outlining your benefit plan: Be sure to tell workers that benefits can change at any time and that this year’s offering isn’t a promise that the benefits described will continue indefinitely.

Employee doesn’t want FMLA leave? Court says you can’t force the issue

03/27/2014

When an employee requests time off for an FMLA-related reason, you should inform her she may be eligible and provide information on how to request leave. But sometimes, the employee may not want to use FMLA leave. Don’t force her.

Sometimes you can require repayment out of last check

02/26/2014

Do you offer a store credit card to your employees? If so, you likely want any balance due repaid if the employee quits or is fired. You may be able to get the employee’s agreement to repay the balance on termination out of his or her vacation or sick account balance.

Be alert for health, safety whistle-blowing

01/24/2014

Here’s a warning for federal government employers: Just about any internal complaint about agency wrongdoing may be protected activity under the Whistleblower Protection Act (WPA).

9th Circuit upholds CDIR’s apprenticeship crackdown

10/29/2013

The 9th Circuit Court of Appeals has ruled that the California Department of Industrial Relations (CDIR) did not violate U.S. Department of Labor apprenticeship rules when it ordered three contractors to remove from public works projects apprentices who were enrolled in a federally run program.