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Employment Law

FMLA: Firing can easily trigger retaliation suit

08/29/2018
Thinking about terminating an employee who is currently out on FMLA leave? Proceed with the greatest of care! If ever there was a “red lights flashing” HR moment, this is it.

DOL seeks public input on how overtime rules should change

08/28/2018
The U.S. Department of Labor’s Wage and Hour Division will hold a series of public listening sessions in cities nationwide to gather views on possible revisions to the rules governing who is eligible to receive overtime pay.

DOL seeks public input on how overtime rules should change

08/28/2018
The U.S. Department of Labor’s Wage and Hour Division will hold a series of public listening sessions in cities nationwide to gather views on possible revisions to the rules governing who is eligible to receive overtime pay.

Failure to pay for drive time costs Bay Area company

08/27/2018
Bay Area Underpinning, a foundation repair company in Fairfield, will pay $62,672 to 16 employees after investigators discovered the company failed to pay employees for time they spent driving from their last worksite of the day back to the office.

Arbitration can include preliminary meeting

08/27/2018
Drafting an arbitration agreement? You can include a requirement that employees who want to pursue arbitration first meet with management to discuss their work-related issues.

Employers must take steps to put a stop to customer harassment of employees

08/27/2018
The source of the harassment doesn’t matter. What matters is that the employer knew about the harassment and didn’t take adequate steps to stop it or prevent it from happening again.

Without acknowledgment of receipt and acceptance, arbitration agreement isn’t valid

08/27/2018
If you are implementing a new arbitration agreement, make sure you get every employee’s signature acknowledging that they received it and agree to its terms. What if someone refuses to sign? That means he may not be bound by the terms of the agreement, which means any dispute probably won’t be resolved through arbitration.

Fear of ICE raids no excuse for discrimination

08/27/2018
Refusing to hire workers because of a perception that they might be undocumented may backfire badly.

Disciplining employee with spotless record? Document precisely what went wrong

08/23/2018
It’s crucial to document the problem if you suddenly have to discipline a long-term employee who has never been in trouble before. That’s especially true if he or she has also recently complained about some form of discrimination.

Senate set to do the unthinkable

08/21/2018
The Senate appears poised to do something it hasn’t been able to pull off in 11 years: Pass an appropriations bill to fund the Department of Labor.