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California

Disabled worker? Don’t cave in to staff gripes

01/14/2010

Don’t, under any circumstances, use co-worker resentment over disability accommodations as a reason to transfer or terminate the disabled employee. If you’re intent on getting rid of a disabled employee, you’d better have a better reason than that.

Settlement nets more OT pay, vacation for Oakland cops

01/14/2010

The Oakland City Council has tentatively approved a proposed settlement of a wage-and-hour lawsuit claiming city police officers were not correctly paid overtime and were not paid for off-the-clock work.

No jury trials for disability retaliation—but you still must handle complaints properly

01/14/2010

Thanks to a recent 9th Circuit Court of Appeals decision, employers no longer face the prospect of jury trials to resolve ADA retaliation claims. That’s a big victory, since juries are notorious for returning large awards against employers. Plus, the decision makes it clear that punitive damages are not available for retaliation, either.

Call your attorney! Confidentiality agreements aren’t a do-it-yourself project

01/14/2010

California employers don’t have many options for preventing employees from competing once they move on to another employer. For example, noncompete agreements are illegal here. The courts also look askance at other attempts to restrain competition and prevent former employees from practicing their professions even if such restrictions are temporary.

Work with IT staff to make sure all HR documents are easily accessible

01/14/2010

It’s a business imperative that’s especially important for HR: Make sure your computer systems allow you to retrieve critical information immediately on demand. That’s essential if you are ever sued, because long delays in providing documentary evidence can lead to needless litigation costs—and could even mean you’ll lose the case.

First Amendment sometimes protects ‘instructional speech’

01/14/2010

A teacher employed by the government has a First Amendment right to speak as she wishes during instructional time, and her employer must have a sound educational reason for punishing such speech.

Shock! 9th Circuit rules for employers in ERISA case

01/14/2010

The 9th Circuit Court of Appeals has long been seen as the most liberal federal appeals court—and very employee-friendly. Could that slowly be changing? The court sided with employers in this recent Employee Retirement Income Security Act case.

New law: You must report any payments to Medicare beneficiaries

01/14/2010

Failing to comply with a new law could wind up costing some employers lots of money—if they’re self-insured or pay deductibles on Employment Practices Liability Insurance coverage. As of Jan. 1, entities that pay Medicare-eligible individuals to resolve claims involving medical expenses must report those payments to Medicare. The penalty for noncompliance: $1,000 per day.

What’s the rule for paying when employees clock in or out slightly before or after work?

01/14/2010

Q. If my employees clock in before their starting time and clock out after their day is scheduled to end, am I required to pay them for that extra time?

Can I regulate how our e-mail system is used for union matters?

01/14/2010

Q. Can I prohibit an employee from using the company’s e-mail system for union-organizing purposes?