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Employment Law

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.

Mere threat of pay cut isn’t reason enough to sue

02/24/2016
Employees are expected to have relatively thick skins when it comes to how their bosses treat them. They aren’t supposed to overreact and quit at the drop of a hat.

Technology bytes; the FLSA bites harder

02/22/2016
Odds are your company has a website. If you’re thinking of enhancing that website, say, with employee-written blogs, be careful. A federal trial court provided a stark reminder of the Fair Labor Standards Act’s rule that nonexempts can’t volunteer any time to their employers when it ruled that a nonexempt who volunteered to write a company blog can pursue her claim for unpaid overtime.

Discrimination claims rise in 2015, disability cases see biggest jump

02/20/2016
The EEOC handled 89,385 charges of workplace discrimination in fiscal year 2015.

Scalia’s death could turn union dues case

02/16/2016

The death of Supreme Court Justice Antonin Scalia on Feb. 13 could affect the outcome of close cases that have already been argued but not yet decided, including one that could determine the future of government employees’ unions.

Harassment occurring now? Ensure safety first

02/16/2016
When an employee reports sexual harassment that may place her in physical danger, act immediately. Do everything you can to keep the complaining employee safe. Only then should you start investigating.

FMLA: Notice Requirements

02/15/2016
HR Law 101: Employees who want to take FMLA leave must give their employer 30-day advance notice when the need for leave is foreseeable. Employers should respond in writing within five business days to their leave requests …