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Employment Law

That stinks! Don’t tolerate co-worker efforts to provoke fragrance sensitivity

06/29/2015
Some employees are sensitive to various chemicals such as perfumes and other strong smells. Accom­­­­mo­­dat­­ing the problem can be difficult, but it’s necessary if the condition rises to the level of a disability.

Cross-departmental work? Remember OT rules

06/29/2015
Large employers usually have several departments, and it’s common for employees to do work in more than one. But some payroll systems may not catch it when cross-departmental work exceeds 40 hours in a week, separately recording hours worked in each department.

New FMLA forms address GINA safe harbor

06/29/2015
The U.S. Department of Labor has modified its FMLA forms to include employer safe harbor language required under the Genetic Information Nondiscrimination Act.

What rules does California mandate for employee meal breaks and rest periods?

06/26/2015
Q. I am in the process of drafting an employee handbook—specifically the section dealing with meal breaks and rest periods. What requirements or rules regarding meal and rest periods do I need to know about?

California Supreme Court to decide on waiving second lunch period

06/26/2015
The California Supreme Court has agreed to review the California Court of Appeal’s decision in Gerard v. Orange Coast Memorial Center, which partially invalidated an Industrial Welfare Commission wage order provision allowing health care industry employees to waive one of two required meal periods on shifts longer than eight hours.

Don’t let peevish behavior tie you up in litigation

06/26/2015
Nobody likes a serial litigator, but don’t fall into the trap of punishing an employee for repeatedly filing lawsuits.

Make it easy to know status of promotion process

06/26/2015
Federal employees have a much shorter time frame than other employees in which to complain about discrimination. In fact, they must go to their equal employment opportunity (EEO) officer within just 45 days of the alleged discrimination. But that time limit doesn’t apply if the employee has no way of knowing she was the victim of it.

Settling ADA claim: Good records essential when offering money in exchange for resignation

06/26/2015

Are you considering settling an ADA accommodations case by paying a lump sum? Do you think the employee could do his job with an accommodation? Then keep good records of your accommodations process, the medical records you used to consider possible accommodations and other information about the employee, his job and his abilities.

Provide clear rules on promotions to prevent failure-to-promote lawsuits

06/26/2015

Employers that provide clear rules on what employees must do before being considered for promotions can reduce the possibility of failure-to-promote lawsuits. That’s because employees who don’t follow those clear rules can’t argue they weren’t promoted on account of their membership in a protected class. They lost out because they didn’t follow the rules.

Act fast to intervene at first inkling that someone might have been sexually harassed

06/26/2015
If you take prompt, remedial action and then monitor the situation for possible continued harassment or retaliation, chances are that a one-time incident won’t mean losing a sexual harassment lawsuit. Of course, you still have to investigate every allegation, even if your first impression is that there wasn’t behavior serious enough to constitute sexual harassment.