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Employment Law

Fresno plumbing company settles in DOL overtime case

Following an investigation by the U.S. Department of Labor’s Wage and Hour Division, M&L Plumbing has agreed to pay $113,351 in back pay. The DOL found that the company owed 39 employees the money for unpaid overtime.

EEOC national-origin bias suit cost $650,000 to settle

Pape Material Handling, a Fresno company that sells, rents and services forklifts, has agreed to pay $650,000 to settle EEOC claims that it discriminated on the basis of national origin.

Ensure each worker receives your arbitration agreement

To bind workers to the terms of an arbitration agreement, employers must prove those workers actually received a copy.

In addition to applicants and staff, your customers have ADA rights, too

Employers tend to focus on accommodating disabled applicants and employees, but forget about accommodating disabled customers. They may not worry about accessibility unless a disabled applicant or employee asks for accommodations. That can be a mistake.

Prepare for possibility of a lawsuit by documenting every HR decision you make

You can never know which unhappy employee is going to sue you, or for what reason. That’s why it’s so important to document every HR decision and action. The more details you can include in your records, the better off you will be if an employee decides to sue.

Have attorney draft arbitration agreement

If you’re interested in using arbitration as an alternative to costly and drawn-out litigation, you may be tempted to use a general, restrictive arbitration agreement for all states in which you have operations. That can be a big mistake if you also have employees in California.

Neither ADA nor FMLA require indefinite leave

Disabled workers with serious health conditions have other time-off options once FMLA leave expires. But there is no requirement for employers to provide continuous, indefinite leave based on the mere hope that the worker will soon be able to return to work.

Asking for 3rd medical opinion gets a lawsuit in reply

Brock Services, a Houston maintenance company, faces an EEOC lawsuit after it terminated a scaffolding team leader due to his impaired vision.

Court: 5 weeks off could be reasonable accommodation

Not every disabled employee can return to work as soon as he’s used up all available leave. Firing him before even considering extra time off as a reasonable accommodation could trigger a failure-to-accommodate lawsuit.

Court: Merely being transferred to a new location isn’t enough to support a lawsuit

Employers have the right to manage their workplaces. That includes moving personnel where the employer needs coverage. Such a transfer, under similar conditions and with the same pay and benefits, isn’t an adverse employment action.