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Employment Law

Beware retaliation against workers who testify

06/27/2018
Employees who testify on behalf of co-workers before the EEOC or in subsequent litigation are protected from retaliation. Be careful about how you treat employees following that kind of cooperation.

Typo in tax reform law could penalize harassment victims

06/27/2018
Last year’s comprehensive tax reform bill was rushed through Congress in record time. Predictably, that meant errors crept into the legislation—and some of them have had severe consequences.

Administration proposes combining DOL with Education Department

06/26/2018
The Department of Labor and the Department of Education would merge into one agency under a Trump administration proposal released June 21. The plan was announced as part of an effort to streamline Washington bureaucracy.

EEOC settles pregnancy bias lawsuit in San Diego

06/26/2018
Tarr & Zenith, a defunct dietary supplement company in San Diego, has agreed to settle charges it discriminated against two pregnant workers.

OSHA ain’t just blowing smoke on whistleblowing

06/26/2018
The U.S. Department of Labor’s Occupational Safety and Health Administration has ordered Chino, California-based Mr. Good Vape to reinstate a manager who reported alleged violations of federal safety laws in its production process.

Refuse a DOL subpoena, go straight to jail

06/26/2018
The owner of GT Drywall in Chino Hills, California, spent some time behind bars after a federal judge tired of his delaying tactics in an ongoing wage-and-hour investigation.

EEOC files disability bias suit against San Diego hotel

06/26/2018
Merritt Hospitality and HEI Hotels and Resorts, who together operate the Embassy Suites San Diego Bay, face an EEOC lawsuit alleging that the hotel failed to grant an asthmatic employee’s accommodation request.

Don’t use disability leave as excuse to terminate

06/26/2018
Under California’s Fair Employment and Housing Act, employers must reasonably accommodate disabled workers with disability leave. If that leave is then used against the worker to justify a termination, it ceases being a reasonable accommodation.

Better get a lawyer! Details are crucial when drafting employment agreements

06/26/2018
When it comes to incentive agreements, it pays to engage an experienced attorney up front to draft the language. Your early investment in legal help will save you time and money later.

Assemble objective data to justify disciplinary and termination decisions

06/26/2018
Employers that have solid, objective information about poor performance seldom lose lawsuits over the firing of a sub-par employee. Just one caveat: The more objective the data, the better.