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Employment Law

Disability: It’s never a joking matter

05/02/2016
Supervisors must understand that they have a responsibility to stop harassment immediately and take steps to prevent it from recurring.

Halting internal probe pending EEOC action isn’t retaliation

04/28/2016
Employees who simultaneously file an EEOC charge and an internal complaint usually can’t win a retaliation claim just because their internal complaint was put on hold pending the outcome of the EEOC claim.

No free speech protection when speaking out is just part of government worker’s job

04/28/2016
Unlike employees in the private sector, government workers have the right to speak out on matters of public importance without being punished for doing so.

Prove good faith on ADA accommodations by tracking response to offers

04/28/2016
Be sure to track employee accommodation offer responses to show lack of cooperation.

Intra- or interstate? It matters for OT suit

04/28/2016
Drivers who deliver merchandise via interstate commerce aren’t covered by the Fair Labor Standards Act, but by the Motor Carrier Act.

Favoritism may be defensible, still a bad idea

04/28/2016
A manager playing favorites does not automatically mean a lost lawsuit, but it can still be problematic.

Uber settles lawsuit for $100M, retains contractor status

04/27/2016
The popular ride-sharing service has reached an agreement with its drivers in California and Massachusetts that preserves independent contractor status, but gives some new job protections.

The NLRB announces list of new priorities

04/27/2016
Fresh off an active year in which the National Labor Relations Board announced expansive new employee handbook rules, the NLRB just released an updated list of priorities that should worry employers.

Predictable scheduling picks up steam

04/26/2016
State attorneys general want to know what major retailers are doing to make their employees’ work lives more predictable.

New FEHA regulations protect transgender employee rights

04/22/2016
New regulations affecting how California’s Fair Employment and Housing Act (FEHA) addresses transgender individuals went into effect on April 1, 2016.