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Employment Law

When FMLA and ADA could be factors, consider both laws before denying return to work

04/24/2012
An employee who takes FMLA leave is entitled to return to his job (or an equivalent one) when his leave is up if he can perform that job without any accommodation. However, if the employee is disabled under the ADA, he may be entitled to a reasonable accommodation under that law.

Supervisor bias creates employer liability: Never ignore charges that boss used racial epithet

04/24/2012
You’re almost guaranteed a messy lawsuit if you ignore an employee’s complaint that a supervisor used a racial epithet. Courts have ruled that even a single use of the N-word can be enough to create a racially hostile work environment when the speaker is a supervisor.

Officer doggedly seeks overtime pay for K-9 care

04/24/2012
Penn Township Police Officer Ross Piraino has a bone to pick with his employer. In 2009 Piraino began caring for the police department’s German shepherd Charro at his home. Now Piraino is suing, claiming he is entitled to overtime for time spent caring for Charro at home.

Calmly accept need for intermittent FMLA leave

04/24/2012

Intermittent FMLA leave can be a pain, especially in industries where attendance is crucial. That’s particularly true in nursing and related fields. But employees who are otherwise eligible for intermittent FMLA leave can’t be denied that right merely because it’s inconvenient for employers …

Don’t push for exam if employee can do job

04/24/2012
Never automatically assume an employee who is performing well is disabled—even if you observe what you think are signs of a disability. It could mean losing big if the employee sues.

New ADEA regulations final–with little help for employers

04/19/2012
On March 29, the EEOC issued a final rule amending its regulations regarding the “reasonable factors other than age” defense under the Age Discrimination in Employ­­ment Act (ADEA). The final rule will make it more difficult for employers to defend age-bias claims brought under the ADEA.

Worker gas deaths lead to hefty fines from Cal/OSHA

04/19/2012
Cal/OSHA has cited Lamont-based Community Recycling and Resources Recovery for 16 workplace safety violations after two brothers died from hydrogen sulfide gas exposure while working in a storm drain.

Harassment + retaliation + defamation = $168 million

04/19/2012
A federal jury in Sacramento unanimously awarded $168 million in damages and lost wages to a physician assistant for various claims lodged against her former employer, Catholic Healthcare West (CHW).

Comment alone won’t support hostile environment claim

04/19/2012

Some employees think all criticism equals harassment—the slightest insult triggers an angry response and a formal complaint. When that happens, investigate the claim. If there’s nothing to it, say so and move on. You may be sued, but chances are the case will quickly be dismissed.

Court: Professional licensure can require fingerprinting

04/19/2012
A federal court has upheld a Cali­for­­nia state requirement that nurses who want to renew or apply for a professional license must submit a set of fingerprints along with their applications. The prints are needed to conduct criminal background checks.