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Employment Law

CROWN: After Oscars, hairstyle laws heat up

“Hair Love,” winner of the 2020 Academy Award in the Best Animated Short Film category, has shined a spotlight on legislation that affects employers’ grooming policies.

Employee misses work? Check FMLA eligibility

Once an employer realizes leave might be FMLA-covered, it must send the employee an FMLA eligibility notice. That way, the employee knows how to formally request leave. Failing to send the notice after suspecting the employee is eligible is a separate FMLA violation.

Sex assault by customer costs bank $2.4 mil

In a case decided under state law, a former employee of PNC Bank has won a $2.4 million judgment after a jury found the bank liable for a customer’s sexual assault on a manager at one of PNC’s New Jersey branches.

New NLRB rule clarifies ‘joint employer’ status

The National Labor Relations Board has issued a final rule ending years of confusion about what constitutes a joint employer in the context of the National Labor Relations Act.

California appeals court nixes meal break class action

A California appeals court has concluded that as long as an employer has not applied a written rest break rule that is illegal on its face, employees cannot pursue a class action against their employer based on the written rule. It’s a case of no harm, no foul.

Burgers & Beer chain settles discrimination suit

Burgers & Beer, a regional restaurant chain with locations in California’s Imperial and Riverside Counties, has settled EEOC charges that it discriminated against men who applied for jobs as waiters. According to the EEOC, the chain sought a totally female wait staff.

Hopeful worker gets extra time to sue

Employees who believe that their employer will act on discrimination complaints and make their workplace tolerable may get extra time to sue.

Consider including arbitration clause when settling employee’s lawsuit

According to a recent case, it’s perfectly fine to include an arbitration agreement in a settlement. That may keep the next claim out of court.

Ensure security procedures discourage sexual harassment, make it easy to spot

These days, more employers are using security screening to protect employees, customers and clients from potential violence. But those screenings can spur resentment, anger and—occasionally—charges of sexual harassment, as this recent case shows.

Beware two ADA traps: Perceiving obesity as a disability, making applicants pay for exams

Employers that cite obesity as a presumptive disability and then require an applicant to prove that he is not disabled are violating disability discrimination laws, the 9th Circuit Court of Appeals has ruled.