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Employment Law

Report: HR, hiring managers need disability training

12/03/2019
A new report on workplace disability inclusion found many HR professionals and hiring managers are ill-prepared to hire, retain or advance individuals with disabilities.

EEOC pending charges at 13-year low

12/03/2019
The EEOC reduced its inventory of pending private-sector charges by 12.1% in fiscal year 2019.

McDonald’s pays $26 million for OT violations

12/03/2019
Sometimes, seemingly insignificant wage-and-hour practices can add up to a huge employer liability—especially if they are contested in a class-action lawsuit.

Witnessing discrimination doesn’t justify lawsuit

12/02/2019
Under California’s Unruh Civil Rights Act, everyone in the state is entitled to equal rights in all California businesses. Does that mean a bystander to discriminatory conduct has the right to sue? The answer is no.

FEHA retaliation must be tied to legit FEHA claim

12/02/2019
Workers who complain about discrimination that’s illegal under California’s Fair Employment and Housing Act are protected from retaliation. Making an initial complaint qualifies as protected activity. But not every complaint is protected.

California law covers vacation pay disputes, not Fair Labor Standards Act

12/02/2019
The Fair Labor Standards Act sets the federal minimum-wage and overtime rules. Contrary to what many workers seem to believe, it does not guarantee additional wage-related benefits such as vacation or sick-time pay. Employees whose employers provide such benefits can’t sue under the FLSA, claiming they weren’t paid as promised.

Plaintiff need not be ‘clearly superior’ to comparator to prevail in discrimination cases

12/02/2019
An employer has lost a bid to force workers to show they are “clearly superior” to another employee before challenging a termination decision. Workers need only compare their treatment to other, similarly situated workers when challenging firing, hiring or promotion decisions.

Never ignore supervisor harassment

12/02/2019
When employees complain that their supervisor is engaging in harassing behavior, don’t ignore the complaints. Instead, fully investigate and make sure any comments stop, fast. Then check back to verify the environment has indeed changed.

Note refusal to cooperate in ADA process

12/02/2019
When a disabled worker needs an accommodation, the process is supposed to be interactive, with give-and-take discussions over what’s an appropriate and reasonable accommodation. If an employee won’t cooperate, carefully document her refusal.

California becomes 3rd state to bar ‘no rehire’ clauses

12/02/2019
In September, Gov. Gavin Newsom signed AB749, legislation that prohibits employers from barring sexual harassment victims from being rehired by the employer.