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Employment Law

Defend against misclassification claim by describing exactly how employee did her job

02/06/2019
When it comes to defending against charges that you misclassified an employee, it’s crucial to have details about the actual work the employee performs. Specifics matter.

Sexual harassment doesn’t always have to focus on sexual activity

02/06/2019
An intense focus on sexual activity or sex characteristics isn’t always necessary to prove sexual harassment. As long as the victim can link the behavior she’s calling harassment to her sex in some way, she’s got a case.

You don’t have to send out a search party to notify absent employees of leave policies

02/06/2019
Em­­ployers that have tried to tell an em­­­ployee what’s missing in a leave request don’t have an independent obli­­gation to hunt down the employee to give her the information if she hasn’t provided contact information.

Beverly Hills faces onslaught of lawsuits against top cop

02/06/2019
Almost 10% of the Beverly Hills Police Department’s officers have sued the chief of police, Sandra Spagnoli, alleging sexual misconduct and bigotry.

43% of Department of Labor appointments still vacant

02/05/2019
More than two years into President Trump’s term, 43% of Department of Labor positions requiring Senate confirmation remain unfilled, according to an analysis by the nonpartisan, nonprofit Partnership for Public Service.

Job descriptions: Why you need ’em, how to write ’em

02/05/2019
Federal labor law requires HR professionals to do a lot of different things. Writing job descriptions is not one of them. Because this arduous task is optional, many organizations skip right over it. That’s not wise. There are many practical and legal reasons to draft (and up­­date) job descriptions.

Sometimes, it’s impossible to accommodate disability

02/04/2019
There are limits to what’s considered a reasonable ADA accommodation.

Appeals court rules against health-care employee who refused vaccine

02/04/2019
The ADA prohibits employers from forcing employees to undergo medical testing before being offered a job. Employers should always be prepared to justify testing before requiring employees to participate.

Insist on working within medical restrictions

02/04/2019
The ADA doesn’t require employers to let disabled employers test the limits of their abilities in ways that may lead to injury.

Note all details that led up to discipline

02/01/2019
Having good documentation of your reasoning will often persuade a judge or jury that discrimination wasn’t the real reason for differing discipline, and that you legitimately used discretion to arrive at the appropriate punishment.