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Employment Law

Court of Appeal rules multiple arbitration agreements are permissible

01/23/2018

Employers that want to arbitrate all employment-related disputes have won support from California’s state appellate court system, which ruled it acceptable to create different arbitration agreements for different employment-related purposes, each with different terms and conditions.

‘Political correctness’ doesn’t matter: Political belief isn’t a protected characteristic

01/23/2018

Some recently fired employees looking for reasons to sue their employers have started grasping at the gunwales of a “political correctness” lifeboat. Nice try but no dice was the verdict in a recent 9th Circuit Court of Appeals case.

Beware promises made during hiring process

01/23/2018

What managers say during the hiring process can spell trouble later if anything they say sounds like a promise that induces a candidate to accept a job offer and the employer fails to follow through.

Right to return after pregnancy depends on job

01/23/2018

Under California’s pregnancy discrimination protection laws, new mothers returning from pregnancy leave are entitled to return to their previous jobs, much as they are under the federal FMLA. However, there are real and practical limits to that right to return.

Tax reform bans deducting harassment settlement costs

01/23/2018

Confidential sexual harassment settlements will cost more under tax reform legislation enacted at the end of December.

Woebegone, Keillor says he was fired without investigation

01/18/2018

Former “Prairie Home Companion” host Garrison Keillor alleges his firing from Minnesota Public Radio was completed without a proper investigation of sexual harassment allegations made against him.

Court offers extra help when workers represent themselves

01/18/2018

The 8th Circuit Court of Appeals has signaled it will continue to give lots of leeway to employees who act as their own attorneys. 

Completing EEOC intake form starts right-to-sue clock

01/18/2018

Employees or applicants who want to sue an employer for discrimination generally have to file a complaint with the EEOC or the equivalent state administrative agency within 300 days of the alleged discrimination. Otherwise, they lose the right to do so.

Court: Reasonable fear of economic harm is enough to support constructive discharge claim

01/18/2018

Employees can’t quit and claim constructive discharge just because conditions at work became uncomfortable. But what level of discomfort is required?

No time records? Court will use workers’ tally

01/18/2018
It’s common for employers not to track the hours of independent contractors or exempt employees. That could end up being a serious mistake should one or more of those workers sue, arguing they were misclassified under the Fair Labor Standards Act.