• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

California courts can modify arbitration agreements

11/28/2018
In certain arbitration agreements, employees cannot waive the right to collect attorneys’ fees if they prevail. But including such a waiver in the agreement doesn’t necessarily doom it.

ADA: Document every step of the interactive accommodations process

11/28/2018
If you ultimately turn down a request to accommodate, the worker may sue. And that’s when you will need good records to prove you really did act in good faith by engaging in the interactive process.

California courts take a hard line on independent contractor classification

11/28/2018
Two recent California court decisions have made it much harder for California businesses to establish that workers are independent contractors rather than employees.

Target missed connection with deaf applicant

11/28/2018
The EEOC has sued the Target retail chain for failing to accommodate a qualified deaf applicant.

Arbitration pacts: Beware language barriers

11/28/2018
Employers who have their employees sign arbitration agreements need to consider what might happen if an employee challenges the agreement on the grounds that it might be unconscionable.

Bosses aren’t docs: Don’t diagnose employees

11/28/2018
Generally, disabled workers have to request accommodations for their disabilities and aren’t entitled to any unless they do. But what if a supervisor suspects the employee may be disabled?

Diversity initiatives: Make sure your good intentions are lawful

11/28/2018
While the Supreme Court has never overturned an employer’s voluntary affirmative action policy, lower courts have struck down such policies when they have strayed beyond Title VII and trammeled upon the rights of male and nonminority employees.

Union has no independent duty to investigate harassment

11/28/2018
A worker who sued both her employer and her union over alleged sexual harassment doesn’t have a separate action against the union over allegations it didn’t independently investigate her claim.

Religion: Extended leave may be undue hardship

11/28/2018
Employers must reasonably accommodate employees’ religious practices, as long as it does not cause an undue hardship.

Track every harassment complaint, document your efforts to address the problem

11/28/2018
Employers that create a complaint system for reporting harassment and follow through on those complaints with appropriate action earn a defense to most harassment claims.