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Employment Law

Respond ASAP to complaints about stereotyping

07/02/2014
You may have read that stray comments aren’t enough to create liability. That’s true. However, when those comments are “pervasive and regular,” it’s another matter. And the line between stray and regular is anything but clear.

FMLA, 401(k)s extended to same-sex spouses

07/02/2014
Employers continue to feel the impact of last year’s key U.S. Supreme Court ruling in U.S. v. Windsor, which struck down a federal law that had denied federal benefits to legally married same-sex couples. There have been two new developments.

Male employee needs to ‘support his family’: Is that a legal reason to pay him more?

07/02/2014
Here’s a warning for any HR pro or supervisor involved in hiring or pay decisions: Avoid sexist comments about compensation, and steer clear of increasing an employee’s salary because he’s the family breadwinner and, thus, “needs” more money.

Supreme Court ruling could slow NLRB’s aggressive agenda

06/26/2014

Good news for employers: The Supreme Court today said President Obama overstepped his executive powers when he used “recess appointments” to name three members to the National Labor Relations Board (NLRB). As a result, the NLRB will likely have to rehear more than 100 cases from 2012. This could create a procedural logjam at the NLRB, an agency that has been aggressively pursuing expansion of employee rights on the job.

Can manager ask about worker’s reason for FMLA?

06/25/2014
Q. When HR receives an employee’s completed FMLA certification form, does the employee’s supervisor have the right to see the form and know the medical reason for the FMLA leave? 

9th Circuit decision could green-light more class-action suits

06/24/2014
A recent 9th Circuit Court of Appeals decision likely will make it easier for employees and their lawyers to get class-action certification in employment cases.

NLRB makes hospital cough up back pay

06/24/2014
Keck Hospital of USC, formerly the USC University Hospital, has ended a labor dispute by agreeing to pay $87,839 to four employees affected by its decision to unilaterally eliminate an extra shift bonus and a mandatory on-call schedule.

EEOC spots vision-related bias, secures $100K settlement

06/24/2014
San Jose-based Riviera Consulting will pay $100,000 to a former employee after the firm terminated him because of his poor eyesight.

Nursing home’s attempt to dump union costs $1M

06/24/2014
The Yuba Skilled Nursing Facility in Yuba City has paid $1 million in back pay and benefits after the National Labor Relations Board (NLRB) ruled against it in an unfair labor practice complaint filed by the Service Employees International Union and United Health Care Workers West.

Case tossed for lack of facts? Don’t discard files yet

06/24/2014

More and more former employees who can’t find lawyers to take their cases are filing their own lawsuits. Their pleadings are frequently long on conclusions and short on factual allegations. Don’t let that give you a false sense of security—or tempt you to toss out documents.