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Employment Law

Ensure fair treatment after return to work

04/30/2018
The ADA and the Pennsylvania Human Rights Act protect disabled workers from harassment based on their disability. Make sure everyone, including co-workers and supervisors, understands they cannot punish a disabled employee for taking leave.

What to expect if BOFE investigators knock at your door

04/30/2018
The California Labor Commis­sioner’s Office has ramped up wage-and-hour compliance investigations by its Bureau of Field En­­forcement unit.

Trump nominates Gustafson to be EEOC’s top lawyer

04/30/2018
President Trump has nominated Wash­ington, D.C.-area attorney Sharon Fast Gustafson to be the new general counsel to the EEOC. The general coun­­sel is the commission’s top litigator.

Salary OK for nonexempts, as long as it covers OT

04/30/2018
It’s fine to pay an hourly worker a set salary as long as it covers appropriate overtime. You may deduct from the salary if the employee doesn’t work enough hours.

Go ahead: Seek pacts for both arbitration, litigation

04/30/2018
Do you want to push employment disputes into arbitration, but prefer to have a state or federal court hear any trade secret-disputes? Keep those agreements separate.

Prepare to show applicant understood terms of initial arbitration agreement

04/30/2018
Do you routinely include an arbitration agreement in your employment applications? It’s a good idea to keep copies of both, in case the employee later claims she didn’t understand what she was signing because of language barriers.

Document details of work, degree of control to prove worker is an independent contractor

04/30/2018
Facts matter. Documenting those facts can make it much easier to defeat a challenge from either the worker or a state or federal government agency.

Minor annoyance doesn’t warrant lawsuit

04/30/2018
Few courts want to mediate petty disputes. Judges have more important matters to attend to. Just ask the judge who issued a caustic ruling in this recent case.

Government bosses can be liable under FMLA

04/30/2018
Company supervisors who make family leave decisions and manage FMLA administration can be held personally liable for violations. Until now, it was unclear in California whether that liability extended to supervisors who administer the FMLA at public agencies. It is now clear it does.

S.F. firefighters’ age bias suit goes down in flames

04/30/2018
The decade-long age discrimination litigation saga of 15 San Francisco firefighters has come to an end.