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Employment Law

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.

No way to accommodate an employee’s disability? Then you don’t have to

05/24/2010

Employers are obligated to engage in an interactive accommodations process when disabled employees request an accommodation and one is possible. But if you’re confident it’s not possible to accommodate the disabled worker—that he would never be able to perform the job’s essential functions—then you don’t have to go through the motions.

Vacationing worker got flu: Can she call it sick leave?

05/20/2010
Q. One of our employees got the flu while she was out on vacation leave. Now she wants her vacation time back and wants to call those “sick days” instead. Do we have to let her change the status of this leave time?

New technologies, old problems: Social media in the workplace

05/18/2010

Social media is on the rise, creating many questions for employers. Should we use social media to develop business or recruit new talent? Should we let employees use Facebook and Twitter at work? What restrictions do we need? Can we monitor off-duty conduct? And what are the potential liabilities?

Are mortgage loan officers exempt?

05/17/2010
Q. I always thought that mortgage loan officers were exempt professional employees. Now I heard otherwise. Are mortgage loan officers exempt from the FLSA overtime requirements?

Can we terminate employee who has used all FMLA leave but still needs time off?

05/17/2010
Q. Can we terminate an employee who has exhausted his FMLA leave but needs additional time off to care for his serious health condition? Or must we provide additional leave?

Are milk expression breaks mandatory?

05/17/2010
Q. I know a number of states already have laws that require employers to provide unpaid breaks to nursing mothers to express breast milk. Are there any federal laws providing for similar requirements?

Must we grant dad intermittent FMLA leave after baby is born?

05/17/2010
Q. Do we have to grant an employee’s request for intermittent FMLA leave to care for his newborn son?

Calculating the time-worked threshold for FMLA eligibility

05/17/2010

To be eligible for FMLA leave, an employee “must have been employed for at least 1,250 hours of service” with his or her employer during the 12 months prior to the commencement of the FMLA leave. That seems simple enough. But in the world of FMLA administration, nothing is as simple as it seems.