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Employment Law

Investigate harassment no matter who is implicated

06/24/2022
The EEOC does not tolerate employers that ignore sexual harassment by senior leaders. You must immediately investigate such allegations, employing neutral outside investigators if possible.

Heads up, California employers: Supreme Court limits PAGA

06/21/2022
The Supreme Court rules: Federal Arbitration Act takes precedence when claims allege violations of a California’s PAGA law.

How to legally navigate employees’ requests to work remotely

06/16/2022
After roughly two years of isolation, employers are summoning employees back to the office. Not all employees are thrilled, which means many employers are facing resistance from employees who have grown accustomed to remote work.

Is your noncompete killing a fly with a sledgehammer?

06/16/2022
Use discretion and common sense. Narrowly tailor your restrictive covenant agreements to the specific interests you are trying to protect.

Consider writing FMLA ‘script’ for supervisors

06/16/2022
The FMLA has a built-in punishment for employers that discourage workers from taking FMLA leave. Those workers can sue for interference with their FMLA rights even if they were never denied time off. All it takes is for a supervisor to informally warn a subordinate that asking for FMLA leave could have workplace consequences.

Heed this $42 million wage-and-hour lesson

06/16/2022
If you are a mid-sized to large employer, making even basic wage-and-hour mistakes can be massively expensive. To make matters worse, the Fair Labor Standards Act authorizes courts to double what’s due to punish employers for mistakes. So do most state wage-and-hour laws.

New DOL guidance on FMLA, mental health

06/16/2022
According to the Centers for Disease Control and Prevention, about 20% of Americans will experience mental illness in a given year. That alarming statistic prompted the Department of Labor to issue new guidance on the interplay between FMLA and mental health issues.

Dodge performance review FLSA traps

06/16/2022
Most employers wisely tell hourly employees not to work unscheduled overtime. But employers often send mixed messages, too, telling employees they’re expected to work hard and achieve productivity goals their supervisors set. Then, at review time, workers may be penalized for not meeting those goals.

Document how you tried to accommodate religion

06/09/2022
Employers must reasonably accommodate employees’ religious beliefs and need to worship. But it’s not an absolute mandate; the accommodation must be reasonable. If it would cause an undue hardship, employers must document their accommodation efforts and the disruption caused by unsuccessful attempts to accommodate religious needs.

Consider calling police for severe harassment

06/09/2022
If an employee complains about sexual harassment that has moved well beyond mere verbal abuse to include unwanted touching or other physical contact, it may be time to call the police. Serious allegations call for a robust response to protect the employee and your organization if the behavior repeats or escalates.