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Employment Law

Beware one-sided arbitration agreements

04/23/2013
A California Court of Appeal re­­cently held that an arbitration agreement was unenforceable because it was unconscionably one-sided.

Being sole minority employee doesn’t mean special protection

04/22/2013
How often have you worried about disciplining the only employee who belongs to a particular protected class? You probably feared that the employee would sue, alleging bias. Relax. Being the only black … or Asian … or female employee doesn’t confer any particular advantage in a discrimination lawsuit.

Salty language but no complaints: Is it harassment?

04/22/2013
Q. Can vulgar language and jokes, etc., be considered harassment in the workplace if nobody actually files a complaint?

Prepare for more–and more expensive–pay litigation

04/19/2013
Wage-and-hour litigation is the fastest-growing employment law threat employers face, according to a study by the Crowell & Moring law firm. It costs an average of $5.8 million to settle a wage-and-hour case, largely because so many are class-action lawsuits.

Never blame work deficiencies on pregnancy

04/18/2013
Here’s an important tip to pass on to all supervisors: Never speculate on why an employee may be performing poorly. Focus on the work and leave the psychoanalysis to experts. That’s especially true when you think an employee’s work may be affected by pregnancy or pregnancy-related complications.

Can refusing to renew contract trigger bias case?

04/18/2013

Q. As a small college, we employ quite a few adjunct in­structors, especially for night classes. They work on a term-to-term contract for specific courses. One instructor got a very poor review and we’d like to ease him out. He’s making noises about age discrimination. If we don’t renew his contract but instead use a younger, fresh-out-of-grad-school instructor, could he have a case?

DOL’s 2014 budget request tips off coming enforcement blitz

04/17/2013
The DOL’s FY2014 budget request reveals plans to greatly step up enforcement of the FLSA, the FMLA and workplace safety laws—and a looming crackdown on independent contractor misclassification.

Pay for clothes-changing time? High court to rule

04/17/2013
The U.S. Supreme Court has agreed to rule on a controversial issue: whether time that employees spend putting on (and taking off) safety-related gear should be considered “paid time.”

Employee wants an ergonomic desk: Does ADA require that we provide it?

04/16/2013

Q. One of our employees claims he needs an ergonomic desk for health reasons. He seems physically fit and goes “Jeeping” on the weekends. Do we have to start the whole accommodations process?

How do part-timers affect ADA, MHRA thresholds?

04/11/2013
Q. We currently have 15 employees, but several work part time. Are we required to provide reasonable accommodations under the ADA or the MHRA?