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Employment Law

Use proactive measures to stop bias lawsuits

04/19/2010

Sometimes, all it takes to stop a potential lawsuit based on a supervisor’s poor behavior is a timely warning. Take, for example, what might happen if a subordinate believed her supervisor was targeting her for poor treatment because of her race. If HR takes a strong stance and persuades the supervisor to change her approach, then a potential lawsuit may dissolve into nothing.

You don’t have to put up with insubordination

04/19/2010

Some employees think they can behave like jerks at work without any consequences—as long as they don’t harass co-workers. You don’t have to put up with that kind of nonsense. Instead, institute clear rules against such behavior. Put them in your employee handbook. Then enforce those rules—up to and including firing those who just won’t change their ways.

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?

Labor on the rise: Review your solicitation & distribution rules

04/19/2010

Unions are stepping up their organizing activity, and smart employers are preparing by making sure their rules on solicitation, distribution and access to private property meet legal requirements. If you don’t have a “no solicitation/no distribution” policy, adopt one now. It can help regulate two types of conduct that unions depend on when trying to organize a workplace.

H&R Block settles with California loan officers

04/19/2010
H&R Block will settle a lawsuit brought by former employees who alleged the tax prep company violated federal and California overtime and meal-period regulations.

Kitchen cabinet firm closes door on wage-and-hour suit

04/19/2010
A federal judge in Northern California has granted preliminary approval to a settlement reached between U.S. Remodelers Inc. and 270 current and former workers who sued the company for wage-and-hour violations.

DLSE issues opinion letter on partial-day absences

04/19/2010
The California Division of Labor Standards Enforcement (DLSE) has issued an opinion letter stating that, although employers may not deduct from exempt employees’ salaries for partial-day absences, they may make deductions from employee leave balances in accordance with the employer’s bona fide leave policies.

Stop the state-federal-state litigation merry-go-round

04/19/2010
Just when you think a lawsuit will be resolved, something happens that starts the whole process over again. That’s why it’s so important to prevent lawsuits in the first place.

You won! Just don’t count on losers paying your legal costs

04/19/2010

In addition to paying damages such as lost wages, employers that lose discrimination cases often have to pay the winning side’s litigation costs. But the same isn’t always true when an employer wins the lawsuit. Courts are reluctant to make employees pay when they lose, fearing that doing so may dissuade other employees from taking a chance at litigation.

When former employees poach more of your all-stars, fight back in court

04/19/2010
There’s hope for employers victimized by competitors who attempt to poach corporate all-stars. If some other organization tries to unethically steal your best employees, you may have a remedy—even if you haven’t made employees sign noncompete agreements (which aren’t usually enforceable in California anyway).