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Employment Law

State agency cuts drug testing to stretch shrinking budget

01/16/2009

The Illinois Department of Children and Family Services (DCFS) has stopped conducting drug tests on job applicants as a cost-cutting measure. DCFS introduced the drug tests in February 2008 for all applicants for jobs that involved direct contact with children and families.

Pharmacists against emergency contraception to get trial

01/16/2009

On Dec. 18, the Illinois Supreme Court overturned a lower court’s dismissal of a lawsuit by two pharmacists who seek the right to refuse to dispense emergency contraception because of their religious beliefs.

Don’t assume privacy clause guarantees privacy

01/15/2009

Some employers include a privacy clause in their applications and handbooks that tells employees they can opt out of having their names and addresses released to third parties. However, if a worker who is suing for wage-and-hour violations wants to get his hands on employee names and contact information for the purpose of building a class-action case, those privacy clauses can’t stop it.

Remember to recalculate overtime after bonus

01/15/2009

If, like many employers, you rely on a bonus plan to help retain valued employees and motivate them to work hard, don’t get caught in this common trap: Employees who worked overtime during the bonus-earning period will be entitled to additional overtime pay after they get their bonuses.

Respond ASAP when disabled worker requests reasonable accommodation under FEHA

01/15/2009

California’s Fair Employment and Housing Act (FEHA) requires employers whose disabled employees ask for accommodations to “engage in a timely, good faith, interactive process with the employee … to determine effective reasonable accommodations.” The key is to act promptly.

Use this simple rule when interviewing: If it could be a slur, don’t say it

01/15/2009

Remind all hiring managers and supervisors that absolutely no racial slurs are allowed during an interview—not even in passing or in jest. Applicants who aren’t hired will get a jury trial if they can show that someone with hiring authority uttered a racial slur.

Maritime arbitration agreements enforceable, trump California law

01/15/2009

The 9th Circuit Court of Appeals had ruled that cruise lines and the unions who negotiate labor contracts on behalf of the “seamen” who work on cruise ships can agree that all disputes go to arbitration, and that employment contracts that include arbitration clauses are enforceable.

Independent contractor can sue top contractor for injuries

01/15/2009

If you thought that one advantage of using independent contractors was that those contractors couldn’t sue you for injuries suffered at work, think again.

Insurance claims adjusters may be exempt under California law

01/15/2009

Claims adjusters may be exempt from overtime under the California Industrial Welfare Commission Wage Order No. 4. Reason: They’re administrative employees.

Los Angeles fashion icon to try on lawsuit

01/15/2009

Roberto Hernandez, who used to work in American Apparel’s inventory and IT operation, claims he was fired for refusing to pad the company’s stats at CEO Dov Charney’s request. Now he’s filed suit against the company, alleging wrongful termination, breach of contract, infliction of emotional distress and other charges.