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Employment Law

Ensure security procedures discourage sexual harassment, make it easy to spot

These days, more employers are using security screening to protect employees, customers and clients from potential violence. But those screenings can spur resentment, anger and—occasionally—charges of sexual harassment, as this recent case shows.

Beware two ADA traps: Perceiving obesity as a disability, making applicants pay for exams

Employers that cite obesity as a presumptive disability and then require an applicant to prove that he is not disabled are violating disability discrimination laws, the 9th Circuit Court of Appeals has ruled.

Beware creeping expectations for exempts

In today’s booming economy, with new workers in short supply, many exempt employees are being asked to do more nonexempt work and end up working longer hours. That’s a recipe for disaster.

Orange County, Calif. trucking co. delivering $200K in back OT pay

C&W Trucking in Orange County will pay 56 employees $199,010 in back pay following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

Justify ‘English-only’ rule on safety, service and efficiency—not simply preference

Establishing language restrictions in the workplace isn’t automatically illegal. However, depending on how restrictive your rule is (and your reason for establishing it), an English-only policy could create liability under federal and state national-origin discrimination laws.

With EEOC on a roll, enforce your policies

The EEOC has been active recently, addressing a wide variety of workplace harassment and discrimination cases. Here’s a sampling.

Settling still possible after catastrophic loss

Here’s an important note for employers that lose lawsuits and get zapped with huge jury awards: Don’t give up trying to reach a settlement with the employee who sued.

Snapshot: Sources of EEOC disability discrimination charges

Disability discrimination was the most common EEOC bias charge last year. Here are the five most frequent medical reasons for disability discrimination complaints.

OT salary level regs may affect 401(k), other plans

If you reclassified some exempt employees as nonexempt in the wake of the new overtime salary threshold rules that went onto effect Jan. 1, you should now check your health benefit and 401(k) plan documents.

Comply with the law when requiring employees to work overtime

In general, employers have the right to require employees to work overtime, as long as they are properly paid for the additional hours. However, that right is not unlimited.