• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

California

Necessary psych exam doesn’t violate ADA

10/03/2017
Under some circumstances, an employer may be fully justified in requiring an employee to undergo a psychiatric or other medical exam. Doing so won’t violate the ADA if it is job related and consistent with business necessity.

9th Circuit: No free lawyer the second time around

10/03/2017
Courts generally bend over backwards to help plaintiffs who can’t afford an attorney when they try to represent themselves. However, once the case is over, that’s generally it.

Note business reason for demotion to prove it wasn’t discrimination or retaliation

10/03/2017
Before an employee can sue his employer for discrimination, he usually has to show that he was subjected to some sort of adverse employment action. Under the right circumstances, that can include being moved into a position the worker considers demeaning, such as being forced to work for someone he once supervised.

Beware one-sided arbitration agreements, which courts are liable to toss out

10/03/2017
Arbitration agreements can be a great way to save time and money on litigation should an employee accuse you of violating employment laws. But unless the agreement is properly drafted, it can be struck down.

Stress lawsuit OK’d even after workers’ comp

10/03/2017
The workers’ compensation system is supposed to make it easy for employees who are injured at work to get benefits. They don’t have to sue: If they can prove they were hurt at work, they receive benefits.

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.

Are you obligated to investigate before firing? For at-will employees, you have discretion

09/12/2017
What kind of investigation, if any, is required before an employer can fire a worker for what it believes is some kind of misconduct?

Can I turn down a vacation request?

08/21/2017
Q. As an employer, am I required to agree to all vacation requests my staff members submit?

San Francisco bans asking applicants about salary history

08/21/2017
San Francisco has become the latest jurisdiction to enact a law banning employers from asking job applicants about their salary histories. The San Francisco “Parity in Pay” Ordinance will go into effect July 1, 2018. Penalties for noncompliance will go into effect a year later.

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?