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Employment Law

Not all government employees’ free speech is protected

02/29/2016
Public employees have limited First Amendment rights to speak out on matters of public importance. But when that speech is actually part of the employee’s job, it’s not considered “speaking out” in the Constitutional sense. It doesn’t come with job protection.

Consider settling early to save on attorneys’ fees

02/29/2016
Letting a discrimination case work through the EEOC or the Pennsylvania Human Relations Commission before settling generally means big legal costs for employers.

Don’t hold previous disability suit against employee who later applies for new job

02/29/2016
You can’t refuse to hire someone just because they previously sued you for disability discrimination. Saying so up-front just about guarantees that you will be sued.

ADA lawsuits take an ominous turn: Court rules EEOC can file group claims

02/29/2016
The ADA protects disabled applicants and employees from discrimination based on disability and requires employers to reasonably accommodate known disabilities.

Hot yoga founder to pay $900K to settle harassment case

02/25/2016

A Los Angeles jury determined that Bikram Choudhury—founder of the “hot” movement that has swept the yoga world since the 1970s—harassed and retaliated against an employee after she resisted his sexual advances.

Lawsuit deadline depends on when real impact occurred

02/25/2016
If you use a testing list to make hiring or promotion decisions, know that the date you announce the list doesn’t count towards any statute of limitations. Instead, the date of the first promotion or hire starts the clock ticking.

You can establish rule calling for discharge if injury causes lengthy absence

02/25/2016
A reasonable rule that says an employee will be discharged if she has been off work with an injury for one year or more is legal under California law.

Is it a trend? Another California court modifies arbitration agreement instead of tossing it out

02/25/2016
A California appeals court has decided that, rather than tossing out an arbitration agreement, it would delete the parts it found unconscionable and then send the case to arbitration.

Could you be liable for employee’s suicide?

02/25/2016
Sometimes, workplace harassment can be so oppressive that an employee takes his own life. In some circumstances, those responsible for maintaining a workplace free of retaliation and harassment can be held liable for such a tragedy.

Follow 3 rules of pre-hire medical tests: Timing, privacy, job descriptions

02/24/2016
If you perform pre-employment medical tests on applicants, take your cues from the following case to avoid running afoul of the Americans with Disabilities Act.