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Employment Law

Future threat: 3rd-party pressure to curb bias

05/28/2015

The American Civil Liberties Union has asked federal and California state regulators to investigate Hollywood’s hiring practices with an eye toward addressing discrimination against women. Could pressure from politically active groups be employment law’s wave of the future?

When can we terminate during medical leave?

05/28/2015
Q. We have an employee who has been on workers’ comp for nine months. He’s not planning to have his fractured ankle operated on. HR wants to terminate him on the grounds that (after the operation) he will have been on FMLA for over a year. We realize the employee would still be carried by our insurer. Can we legally terminate an employee on workers’ comp after a year’s medical leave? — Vincent, Louisiana

EEOC tests digital charge system to handle discrimination complaints

05/27/2015
The EEOC has launched a pilot program to digitally transmit documents to and from employers regarding discrimination charges filed against them. The program—called ACT Digital—is the first step in the EEOC’s move toward an online charge system that will streamline the submission of documents, notices and communications in the EEOC’s charge system.

When is it OK to call an employee who is out on FMLA leave?

05/26/2015
When employees are out on FMLA leave, they’re supposed to be freed of their regular work responsibilities. While you shouldn’t give an employee specific work tasks or expect her to spend her time working at home, you can make simple inquiries, such as asking about the status of a project or where a file may be located. Just keep the conversation brief and professional.

Sudden FMLA leave? Focus on logistics

05/26/2015
There’s no doubt that a key em­­ployee’s sudden and unexpected extended absence can disrupt business. Even so, remind supervisors to keep their gripes to themselves if it turns out that the employee is exercising her FMLA rights.

Solving the transgender bathroom dilemma

05/25/2015
As more people are identifying themselves as transgender, the issue of which restroom they should use in the workplace has become controversial and confusing. Until now.

These rules make arbitration agreements stick

05/22/2015
There’s no point in using arbitration agreements if they’re not enforceable. Make sure yours will hold up in court by following these rules.

Small amount on the table? Know when to fold ’em

05/21/2015
When a Domino’s Pizza worker sued for wage violations, it quickly became clear that a few thousand dollars was the most he was owed. His attorney wanted to settle, but Domino’s insisted on a three-day trial …

Can we require English-only on the job?

05/20/2015
Q. We want to require our employees to read, speak and write English at work. Is such a policy legal?

Caltrans liable for not addressing accommodation requests

05/20/2015
The California Court of Appeal has upheld a jury’s verdict finding the California Department of Transportation (Caltrans) liable for failure to provide a reasonable accommodation and failure to engage in the interactive process.