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Employment Law

Capacity, not actual pregnancy, is heart of PDA

07/22/2015
A federal appeals court has overturned a case that had been dismissed because an employee couldn’t prove that her employer knew she was pregnant. The court clarified that the capacity to become pregnant is at the heart of the Pregnancy Discrimination Act.

EEOC: Bias based on sexual orientation is illegal

07/21/2015
The EEOC, for the first time on the federal level, has ruled that discriminating against an employee based on sexual orientation counts as unlawful sex discrimination under Title VII of the Civil Rights Act.

DOL redefining ‘independent contractor’

07/21/2015
Continuing its attack on misclassification of employees, the U.S. Department of Labor has released new guidance that clarifies how companies should distinguish between employees and independent contractors.

Employee or independent contractor: DOL’s ‘economic realities’ test

07/21/2015
To classify workers as either employees or independent contractors, the Department of Labor says employers should use this “economic realities” test.

Out-of-line! Take action when customers harass employees

07/20/2015
If an employee complains about harassment, take the complaint seriously, even if the harasser is a customer. Ban the customer to make sure the harassment stops—and call the police if the harassment involves touching or invasion of privacy.

Does same-sex ruling affect ADA compliance?

07/17/2015
Q. Does the recent U.S. Supreme Court decision on same-sex marriages have any effect on us with regard to the Americans with Disabilities Act?

No records, no mercy: Failure to track hours spikes damages

07/17/2015
Taqueria Papa Chano’s will pay $36,000 in back pay and overtime to 11 workers following an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD).

Coach wins $4M verdict after being fired for reporting hazing

07/17/2015
When the high school football coach at St. Patrick-St. Vincent High School in Vallejo, California learned that some of his players were hazing underclassmen, he reported it to his superiors. The high school investigated and expelled five students. It also fired the coach who reported the hazing. He sued the Catholic Diocese of Sacramento for retaliation.

Daily pay? DOL stops effort to pad Thai eatery’s profits

07/17/2015
Employees at the Aura Thai restaurant in Long Beach, California will no longer be paid flat daily rates for their work. The practice certainly didn’t curry favor with U.S. Department of Labor investigators.

Court: Employee who agrees to arbitration must stick to it

07/17/2015
The Court of Appeal of California has reversed a lower court order denying arbitration and ordered the case into arbitration instead.