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Employment Law

That air-tight arbitration clause? It might not stop class-action after all

01/28/2016

A federal magistrate has ordered notifications sent to a large group of employees inviting them to join in a Fair Labor Standards Act lawsuit.

ADA: It’s OK to just agree to accommodation

01/25/2016
When a disabled employee asks for a reasonable accommodation, the employer is supposed to engage in an interactive process to explore the options. But what if you prefer to skip the discussion and simply agree to the employee’s suggested accommodation?

Using independent contractors? Protect your intellectual property rights

01/22/2016
If you use independent contractors to perform design work, make sure your contractor agreement transfers copyrights and other intellectual property rights to you.

What can I do about employee whose volunteer firefighting duties interfere with work?

01/15/2016

Q. One of my employees is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him or stop him from being absent from work?

Review your own ‘playbook’ on alcoholism, accommodations

01/15/2016
2015 saw much media attention focused on the activities of coaches and players off the field—for the wrong reasons.

Lake County, Calif., prison guard files bias suit over demotion

01/15/2016
A Lake County corrections officer claims the county discriminated against him because of his race when it demoted him after an inmate was injured and later died.

Train managers on job protections for employees who are victims of domestic abuse

01/15/2016
Some California employees who are victims of domestic violence have limited job protection when they need time off for treatment, court dates or other related events.

Don’t punish employee for deposition testimony

01/15/2016
If you decide to punish an employee for testifying against you in a legal deposition, be prepared for even more litigation.

Ensure arbitration agreements are fair to all, comply with California’s FEHA law

01/15/2016

Before introducing an arbitration agreement for employees or independent contractors, make sure it will stand up in court.

Other than ‘Congratulations!’ avoid most comments about pregnancy

01/15/2016
California law prohibits harassment on account of pregnancy. But not every comment about a pregnancy is grounds for a lawsuit. An innocent comment—or even a mildly offensive one—may be annoying, but that’s not illegal.