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Employment Law

You don’t have to send out a search party to notify absent employees of leave policies

02/06/2019
Em­­ployers that have tried to tell an em­­­ployee what’s missing in a leave request don’t have an independent obli­­gation to hunt down the employee to give her the information if she hasn’t provided contact information.

Beverly Hills faces onslaught of lawsuits against top cop

02/06/2019
Almost 10% of the Beverly Hills Police Department’s officers have sued the chief of police, Sandra Spagnoli, alleging sexual misconduct and bigotry.

43% of Department of Labor appointments still vacant

02/05/2019
More than two years into President Trump’s term, 43% of Department of Labor positions requiring Senate confirmation remain unfilled, according to an analysis by the nonpartisan, nonprofit Partnership for Public Service.

Sometimes, it’s impossible to accommodate disability

02/04/2019
There are limits to what’s considered a reasonable ADA accommodation.

Appeals court rules against health-care employee who refused vaccine

02/04/2019
The ADA prohibits employers from forcing employees to undergo medical testing before being offered a job. Employers should always be prepared to justify testing before requiring employees to participate.

Insist on working within medical restrictions

02/04/2019
The ADA doesn’t require employers to let disabled employers test the limits of their abilities in ways that may lead to injury.

Note all details that led up to discipline

02/01/2019
Having good documentation of your reasoning will often persuade a judge or jury that discrimination wasn’t the real reason for differing discipline, and that you legitimately used discretion to arrive at the appropriate punishment.

Justify why you decided not to follow the ‘same rule violation, same punishment’ rule

02/01/2019
Generally, if two employees break the same workplace rule and don’t have any prior violations, you should punish them the same way. But that doesn’t mean you can’t make judgment calls on which one may deserve more severe punishment, including discharge.

Supreme Court could address LGBT bias

01/31/2019
The U.S. Supreme Court could decide in the next few weeks whether to hear cases that ask if Title VII’s prohibition of discrimination on the basis of sex also bans discrimination against lesbian, gay, bisexual and transgender employees.

RICO doesn’t cover employment law violations

01/31/2019
An employer has won a case that could have greatly complicated employment law litigation. A federal court has refused to allow a Racketeer Influenced and Corrupt Organizations Act claim against an employer for using phones and the internet to discuss terminating an employee.