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Arizona

Off-site assault demands careful handling

10/03/2017

It goes without saying that you must handle with care any situation in which an employee accuses another of sexual assault. Any hint that you are treating the victim less favorably than the alleged perpetrator can lead to a hostile work environment claim.

Move on if employee won’t discuss ADA accommodation

08/21/2017

Employers are supposed to engage in the interactive accommodations process with disabled workers to arrive at workable accommodations. But what if the employee stops communicating with HR about suggested accommodations?

Being annoyed at work is no excuse to sue

08/02/2017

A federal appeals court has refused to reinstate a lawsuit based almost exclusively on complaints about common workplace annoyances.

9th Circuit: ADEA applies to all governmental agencies, even small ones

08/02/2017

This conclusion is the opposite of that reached by four other circuits. Governmental entities with fewer than 20 employees in the 9th Circuit should seek legal advice to ensure they understand their ADEA obligations.

Clearly spell out performance expectations

07/31/2017

Make sure your managers and supervisors clearly and formally communicate their performance expectations. A performance review that criticizes alleged poor work based on expectations that weren’t clearly communicated can become the basis for a lawsuit.

Tell bosses not to gloss over performance deficiencies

07/12/2017

Some supervisors hate including negative feedback in performance reviews of good employees. But nearly everyone has some room for improvement. It’s up to HR to insist on accurate evaluations, including negative feedback when warranted.

Discipline ASAP if boss targets older workers

07/12/2017

It happens all too often: A bully boss yells, berates, pushes and prods older employees more than other staff members. The 9th Circuit Court of Appeals has concluded that resigning under such circumstances is a reasonable response and amounts to a constructive discharge.

9th Circuit: Equal Pay Act allows past pay as excuse for current pay differences

06/06/2017

The 9th Circuit Court of Appeals has concluded that employers are free to use past pay as the starting point for a compensation offer as long as they can justify the practice as having a legitimate business purpose. That’s true even if using past pay ends up perpetuating past pay discrimination.

Court: Some unauthorized breaks can be unpaid

04/24/2017

Federal law requires paying employees for short breaks. That doesn’t mean employees can take as many breaks as they want and expect to be paid for that time.

Economic test hits brakes on taxi drivers’ contractor claims