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Employment Law

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.

Settlements: No-rehire clauses may be illegal

06/26/2015

When you settle an employment discrimination complaint or lawsuit, you likely include a “no-rehire” provision. Essentially, you trade some settlement dollars for the former employee’s promise not to apply for work at your company in the future. It’s a way to prevent future failure-to-hire lawsuits. Until now, everyone thought such common settlement provisions were legally valid and enforceable. But now a recent case has cast doubt on that premise by looking at California’s broad prohibitions on restrictive covenants in the Business and Professions Code Section 16600.

You, not employee, choose ADA accommodation

06/26/2015
Yes, employers are supposed to engage in an interactive process to arrive at reasonable ADA accommodations. But that doesn’t mean everything the employee wants, the employee gets. It’s up to the employer to determine which accommodation is both reasonable and best suited to its business needs.

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. It could cause a retaliation suit.

The ADA at 25: Disability by the numbers

06/24/2015
To commemorate the 25th anniversary of the ADA’s enactment, here’s a look at some of the hard numbers that define disability at work, as compiled by the U.S. Census Bureau.

Workers: Don’t monitor me!

06/23/2015
More than half of working people polled don’t want their bosses snooping on them. Asked how important they considered not being monitored at work, here’s what respondents said.

House bill would deny 2016 funding for controversial agency regulations

06/22/2015
The House of Representatives, intent on rolling back some of President Obama’s most incendiary labor policies, is using the FY2016 federal appropriations process to deny funding to carry out several National Labor Relations Board, Department of Labor and OSHA initiatives.

You’re not liable for customers’ racial slurs

06/22/2015

Sure, judges expect employers to keep the work environment relatively free from harassment, at least when slurs and other bad behavior come from co-workers and supervisors. But a different, more lenient standard applies when the source is outside the company’s direct control.

Not posting FLSA notices means unlimited liability

06/22/2015
An employer that normally would have been liable for three years’ worth of willful FLSA violations may be on the hook for violations stretching back 11 years.

California: Uber driver an employee, not a contractor

06/19/2015
Sharing-economy employers, take note: Your innovative business model doesn’t mesh well with traditional interpretations of employment law. The latest evidence: The California Labor Commissioner’s determination that an Uber driver is an employee, not an independent contractor.