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Employment Law

Pierce terminated worker’s ‘FMLA shield’

07/09/2019
Workers commonly believe they can’t be fired or disciplined while they are out on FMLA leave. They’ll threaten to sue if they believe their jobs are threatened. But their faith in the protective power of the FMLA is misplaced.

How the ADA treats alcoholism and addiction

07/03/2019
Dealing with an employee who is struggling with alcohol or drug abuse is one of HR’s most difficult issues. Don’t make a delicate task even harder by running afoul of the ADA.

Summer brings new employment laws

07/03/2019
It’s summer and that means long breaks for state and local legislatures. Before going on vacation, however, many of those legislatures pushed through new laws that go into effect during the dog days of summer. Here are a few.

Soon to be banned in California: Bias based on hairstyle

07/03/2019
On June 27, the California Assembly passed Senate Bill 188, which broadens the definition of “race” in California’s anti-discrimination law to include “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.”

Fresno plumbing company settles in DOL overtime case

07/02/2019
Following an investigation by the U.S. Department of Labor’s Wage and Hour Division, M&L Plumbing has agreed to pay $113,351 in back pay. The DOL found that the company owed 39 employees the money for unpaid overtime.

EEOC national-origin bias suit cost $650,000 to settle

07/02/2019
Pape Material Handling, a Fresno company that sells, rents and services forklifts, has agreed to pay $650,000 to settle EEOC claims that it discriminated on the basis of national origin.

Ensure each worker receives your arbitration agreement

07/02/2019
To bind workers to the terms of an arbitration agreement, employers must prove those workers actually received a copy.

In addition to applicants and staff, your customers have ADA rights, too

07/02/2019
Employers tend to focus on accommodating disabled applicants and employees, but forget about accommodating disabled customers. They may not worry about accessibility unless a disabled applicant or employee asks for accommodations. That can be a mistake.

Prepare for possibility of a lawsuit by documenting every HR decision you make

07/02/2019
You can never know which unhappy employee is going to sue you, or for what reason. That’s why it’s so important to document every HR decision and action. The more details you can include in your records, the better off you will be if an employee decides to sue.

Have attorney draft arbitration agreement

07/02/2019
If you’re interested in using arbitration as an alternative to costly and drawn-out litigation, you may be tempted to use a general, restrictive arbitration agreement for all states in which you have operations. That can be a big mistake if you also have employees in California.