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Employment Law

Employee acting strangely? When can you require a mental exam before she returns?

05/23/2013
Let’s face it: Some employees are a bit unusual. They may do a good job, but their personal quirks may make other employees feel uncomfortable. Before you rush to demand the employee get counseling or see a doctor, remember that the ADA prohibits such requests unless there is a clear business necessity for the exam.

NLRB may soon lack quorum as Obama’s nominees face opposition

05/22/2013
May 16 was a bad day for the NLRB. First, yet another federal circuit court ruled that two current NLRB members had been illegally appointed. Then, Republican senators fired opening salvos in a bid to dump the two current board members and slow down the confirmation of two new NLRB nominees. 

Fighting fire with fire: Is it wise to countersue?

05/22/2013

“Can’t we sue him for this?” That’s what many employers say after being hit with what they believe is a frivolous employee lawsuit. The First Amendment protects the rights of companies to seek such redress in court. But, in most cases, a counterclaim is not a smart move.

Can we change full-timer to part-time after maternity leave?

05/20/2013
Q. We are a small company and have seven employees. One of our employees recently went out on a leave of absence for pregnancy. During that time, we hired a replacement worker to do the same job. The replacement only worked part time, but was still able to complete work that our employee did full time. When our employee returns to work, we would like to change her job status from full time to part time. Is this legal?

Supreme Court rules FLSA class-action properly dismissed as moot

05/20/2013

The U.S. Supreme Court has ruled that a class-action lawsuit filed by a worker under the FLSA was properly dismissed because the ­worker’s suit was moot when she failed to accept an offer of judgment from her employer.

Disability-bias suit seeks promotional video captions

05/20/2013
A hearing-impaired Los Angeles man is suing the Bed Bath & Beyond retail chain, complaining that it fails to provide captions or transcripts for the promotional videos that play in the aisles of its stores.

The latest word on seats from the appeals court bench

05/20/2013
A recent court decision on the availability of seating at work suggests the best approach may be to just offer everyone a chair. It seems employees sue without actually requesting a place to sit down.

Manager ‘smirks’ about employee’s situation? That’s not enough to justify a lawsuit

05/20/2013
Here’s some good news: An employee’s interpretation of a manager’s facial expressions isn’t enough for a successful lawsuit. A smirk isn’t evidence.

OK to terminate disabled employee if effort to accommodate is unsuccessful

05/20/2013
Employers are supposed to reasonably accommodate an employee’s disability so he or she can perform the essential functions of the job. Some workers take that as a guarantee that—should they develop a disability—their employer must find a position the employee can do. That’s simply not the case.

Central Valley fast food firm forks over $100K for bias

05/20/2013
Merced-based Alia Corp., which owns 20 McDonald’s franchises in the Cen­­­­tral Valley, will pay $100,000 to settle a former supervisor’s disability discrimination suit. The man claimed Alia illegally demoted him because of his intellectual disability.