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Employment Law

Cutting off good shifts can be retaliation

03/05/2013
When an employee complains about sexual harassment and suddenly finds herself under scrutiny—and sees her schedule changed—she may have a retaliation case.

Employment law 2013: Compliance quiz for managers

03/05/2013

Legal complaints filed by employees against their employers have risen dramatically over the past decade. How well do you know the law? Take this quick quiz:

ADA: Financial and Technical Assistance

03/05/2013

HR Law 101: Several sources of financial assistance are available to help businesses make reasonable accommodations and comply with ADA requirements. 

Employee won’t stop working off the clock? Don’t dock his pay; fire for misconduct

03/04/2013
Make sure managers know they can’t turn a blind eye to unpaid work by hourly employees. What can employers do? Don’t dock their pay. Instead, warn them—and then discipline them.

NLRB clarifies position on handbooks, at-will employment

02/28/2013
Late in 2012, the NLRB left many employers scratching their heads—and pulling their employee handbooks off the shelf. Until recently, the NLRB pretty much limited itself to dealing with labor unions and the right to organize, leaving employers alone as long as no union activity was involved. That’s all changed in the past year.

If employee refuses to cooperate with investigation, feel free to fire

02/26/2013
Not everyone wants to cooperate when an employer begins investigating discrimination or harassment charges. One solution is to tell all em­­ployees they must cooperate. Otherwise, they risk being disciplined. If that doesn’t work, you now have an option …

Severance agreements: Beware new legal risks

02/26/2013
If your severance packages to departing workers include a waiver of future potential lawsuits, that’s a smart strategy. But be aware that small mistakes with severance packages—especially for older workers—can lead to big problems in court.

Worker ignores doctor’s orders: Can we discipline?

02/21/2013

Q. One of our employees who is out on workers’ comp isn’t following the treatment prescribed by the workers’ comp doctor. She fails to attend physical therapy as prescribed. She says she’s still in pain and can’t return. Our conduct policy sets progressive discipline based on different offenses. Can the failure to abide by the doctor’s orders be included as a violation? 

How does California law affect hiring?

02/20/2013
Q. For the first time in a while, we need to hire new staff. What issues should we take into account during the recruiting process?

NLRB requires Oakland employer to release confidential docs

02/20/2013
In a potentially far-reaching decision, the National Labor Relations Board has ruled an employer must turn over confidential employee witness statements to a union as part of a grievance procedure.