• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Details matter when justifying discipline

03/31/2014
Here’s some advice on creating good disciplinary records: When employees break the same or similar rules but end up with different dis­cipline, make sure your records specify why you believed one deserved harsher punishment than another.

EEOC sees 7 issues ripe for more enforcement

03/31/2014
Employers take note: EEOC Legal Counsel Peggy R. Mastroianni has said that it will increase enforcement efforts in these areas in coming months.

Age bias settlement: Need ADEA waiver, too?

03/27/2014
Q. My company was sued by a former employee for age discrimination under the California Fair Employ­­ment and Housing Act (FEHA). We’re settling the case and including a waiver of the right to proceed under FEHA. Do we need an ADEA waiver, too?

San Francisco’s Fair Chance law limits criminal background checks

03/27/2014
San Francisco has “banned-the-box” on employment applications and has added other restrictions on private employers’ ability to obtain and use criminal history information. The City and County of San Fran­­cisco Board of Supervisors passed the Fair Chance Ordi­­­­nance in February, and the new law goes into effect Aug. 13.

Waitresses win $5.7 million in age discrimination case

03/27/2014
Four former servers at Woodland Hills’ Cables Restaurant will split a $5.7 million jury award. The ­servers who range in age from 49 to 70 claimed new management cleaned house in 2010 and replaced the workers with women in their 20s.

Logistics firm settles wage theft allegations

03/27/2014
Mira Loma-based Schneider Logis­­tics has agreed to settle charges it cheated a group of warehouse workers out of $4.7 million in wages. The company, which handles logistics for Walmart, agreed to the settlement without admitting any wrongdoing.

Ensure arbitration agreement in application isn’t one-sided

03/27/2014
Employers that want to use arbitration to avoid protracted legal battles can include arbitration agreements in their applications and require applicants to sign as a hiring condition. That’s provided the agreement isn’t entirely one-sided.

When employee brings frivolous suit, demand recovery of your attorney fees

03/27/2014

Here’s some good news for em­­ployers facing a clearly frivolous lawsuit: The employee bringing the lawsuit may find himself on the hook for the employer’s legal fees. That only seems fair since ­employers often have to foot the bill for an employee’s successful lawsuit.

Employee doesn’t want FMLA leave? Court says you can’t force the issue

03/27/2014
When an employee requests time off for an FMLA-related reason, you should inform her she may be eligible and provide information on how to request leave. But sometimes, the employee may not want to use FMLA leave. Don’t force her.

Are you liable for boss bias outside work?

03/27/2014
Here’s a good reason to make sure your supervisors aren’t targeting some employees for poor treatment: If they boast about their attitude outside of work, those statements may be used against them—and the company.