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Employment Law

Explain different discipline for same offense

06/06/2018
If an employee can show that a worker who received more favorable treatment didn’t belong to the same protected classification, he has a potentially viable lawsuit. This is where details matter.

NLRB: Withholding Disney bonuses wasn’t an unfair labor practice

06/05/2018
The NLRB has ruled that Walt Disney World in Florida did not violate the National Labor Relations Act when it withheld $1,000 bonuses from union members unless they ratified a new union contract.

In #MeToo era, accused harassers may seek injunctions to stop internal investigations

06/05/2018
Sexual harassment claims are on the rise, in the wake of the #MeToo social media movement. Some alleged harassers are fighting back, arguing that the accusations do irreparable harm to their reputations. And they’re not just threatening to file lawsuits.

Petty incidents don’t add up to a hostile environment

05/31/2018
The 3rd Circuit Court of Appeals has made it official: Sometimes an employee just needs to grow a thicker skin to deal with the petty annoyances that vex many workplaces.

Don’t let dumb comments derail discipline

05/31/2018
Supervisors sometimes say things they shouldn’t. Don’t let those minor screw-ups derail discipline that’s clearly deserved.

Make sure arbitration agreements stand alone

05/31/2018
Before you rush to make arbitration agreements a centerpiece of your legal risk management strategy, understand what they are and what they are not.

Are we allowed to refuse to hire employees with very thick foreign accents?

05/30/2018
Q. We are a large telemarketing company. We often receive customer complaints about employees who speak in thick accents. Can we refuse to hire individuals with accents for this reason?

California legislature considers a dozen new employment laws

05/30/2018
Like a pride of lions flashing teeth and fangs, the California legislature is on the hunt in 2018. As has become an annual spring ritual, Sacramento politicians have once again proposed a progressive labor agenda.

Encinitas, Calif. waitress alleges pregnancy discrimination

05/30/2018
Maurizio’s Trattoria Italiana, a fine-dining Italian restaurant in Encinitas, California, faces charges it discriminated against a waitress because of her pregnancy.

Disabled employees entitled to return to work, but not someone else’s job

05/30/2018
Disabled employees seeking to return to work may be entitled to an open position for which they are qualified. But when is a position considered open?