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California

Employer isn’t responsible if it doesn’t know of retaliation

05/24/2010

Employees sometimes get angry if they’re implicated when a co-worker complains about alleged discrimination. They may retaliate by ostracizing the complainer. But that’s not enough to hold the company liable for retaliation—as long as it never knew about the problem.

Isolated offensive words don’t always mean hostile workplace

05/24/2010
Some employees think that any negative comment that touches on race or nationality means they have a hostile work environment case. That’s just not true, especially when there’s no evidence that the work environment hurt the employee’s ability to perform her job.

If worker on RIF list has sought reasonable accommodations, be prepared to justify

05/24/2010

Watch out! If you’re contemplating reducing your workforce in order to survive today’s harsh economic climate, you need to prepare for potential litigation. To do that, make sure you carefully document why you are making the reductions. That’s especially critical if you have been negotiating reasonable accommodations for a disabled employee who may be on your RIF list.

You don’t carry workers’ comp insurance? Prepare to face negligence lawsuits

05/24/2010

The workers’ compensation insurance system is based on the premise that employees hurt at work will recover lost wages without having to prove who was at fault for an injury. Employers that don’t carry workers’ comp insurance may be sued directly for negligence—and that means injured workers could win far higher awards for damages.

Walmart must defend against largest wage-and-hour class action in U.S. history

05/24/2010

Recently, the largest class-action lawsuit in U.S. history was given the go-ahead. Employers nationwide are waiting with bated breath to find out what happens to Walmart. While the exact number of employees who may find themselves part of the lawsuit is still unclear, it could reach well over 1 million women employed or formerly employed at 3,400 Walmart stores across the country.

DOL stops issuing wage-and-hour opinion letters

05/24/2010
Looking for an answer to your fact-specific FLSA or overtime question? For 50 years, employers could ask the U.S. Department of Labor (DOL) to issue an “opinion letter” to provide guidance. But the DOL stopped the practice in April, replacing the letters with “administrator interpretations.”

Unsatisfied whistle-blower may file lawsuit

05/24/2010
The California Supreme Court has clarified when a state employee may file a lawsuit alleging whistle-blower retaliation. The court concluded that if the employee doesn’t get satisfaction after an internal review, he or she can go to court for vindication.

Remember, same-sex harassment is illegal, too

05/24/2010
Take all claims of sexual harassment seriously, not just the ones involving members of the opposite sex. Don’t ignore same-sex harassment or think that it’s somehow less serious than other harassment.

Even coffee-making may be compensable time

04/19/2010
The little things employees end up doing while getting ready for work can add up to a big overtime bill later. That’s because courts often see such preparatory work, even if it benefits the employee, too, as work that must be compensated. Consider this recent case involving making the morning coffee and breakfast before the start of a shift.

Can we deduct from pay to replace equipment our employee damaged?

04/19/2010
Q. We have an employee whose company-provided laptop fell and broke while he was working from home. Can we deduct the cost of the computer from the employee’s paycheck?