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Employment Law

Happy birthday! You’re fired!

10/26/2015
A Wisconsin company has settled an EEOC age discrimination and retaliation lawsuit after it fired two employees—on their birthdays.

Sometimes it’s OK to fire after FMLA leave

10/26/2015
Employees who take FMLA leave have no special protection from discipline for poor performance that’s not related to the fact that they took leave. That means you may refuse to reinstate an employee who took FMLA leave, as long as you would have done so anyway.

Are computer programmers exempt from overtime in California?

10/22/2015
Q. Our company needs to hire computer programmers to create, maintain, and update internal software, and to develop apps to give to our clients. I have heard about a “computer workers” exception from overtime. What exactly is the exception and can I apply it to my computer programmers?

How to comply with L.A.’s new minimum wage?

10/22/2015
Q. My company is headquartered in San Francisco, but I have several employees throughout California, including in Los Angeles. What are my obligations with regard to the new Los Angeles minimum wage ordinance?

New court ruling on internships recognizes reality for employers

10/21/2015
A court has rejected the DOL’s test to determine whether a worker is an intern or an employee, coming up with a simpler one.

Contractor pays high price for shorting prevailing wage

10/21/2015
Air Force contractor General Atomics Aeronautical Systems, based in San Diego, will pay 901 workers more than $945,000 after government auditors found the company had not paid them the prevailing wage mandated by the federal McNamara-O’Hara Service Contract Act.

EEOC sues San Ysidro eatery for same-sex harassment

10/21/2015
Achiote Restaurant in San Ysidro, Ca., faces an EEOC lawsuit after young Mexican men working at the restaurant complained of sexual harassment and retaliation by a male manager.

EEOC sues San Diego clinic for ADA violation

10/21/2015
A surgical scrub technician has alleged Sharp Healthcare withdrew a job offer because it regarded her as disabled when she was not.

‘Evergreen clause’ may mean contract didn’t expire

10/21/2015
Here’s something to consider when contracting with a union. If the contract contains a so-called “evergreen clause,” be sure to follow the directions if you want to cancel the agreement after a term.

Government employee’s speech that sounds like insubordination may be protected

10/21/2015
Public employees are entitled to free speech under the Constitution—within limits. For example, the speech must involve matters of public importance. Under the right circumstances, arguing with a supervisor may even be protected.