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Employment Law

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?

Is it legal to dock pay for employee foul-ups?

01/14/2010

Q. Can I deduct the cost of an employee’s error from his or her paycheck?

You can’t choose the day for FMLA medical treatments

01/13/2010

Employees who suffer from chronic conditions may have to see their doctors regularly. Under the FMLA, if those employees give you 30 days’ notice, they’re allowed to pick the day for their appointment. You can’t simply argue that they don’t need to take off that particular day because there is no emergency or urgency.