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Employment Law

Don’t take the rap for employee’s after-hours harassment

05/26/2011

Courts are beginning to realize that there is only so much an employer can do to prevent sexual harassment. Take, for example, alleged sexual harassment that occurs off-duty and off-premises. While it’s likely that employers would be responsible for a supervisor’s sexual assault or harassment, chances are they won’t be held liable for the same conduct by a co-worker.

The FMLA: When does 50 not equal 50?

05/25/2011

Most people think of 50 as the magic number for the FMLA. “Oh, we have 50 employees, so now we have to comply with the FMLA,” is a popular refrain among HR departments. It is not that simple. The FMLA has two different rules that must be met before you have to offer FMLA leave to an employee—coverage and eligibility.

New ADAAA regs now in effect! Get ready for more lawsuits

05/24/2011
The final regulations for implementing the Americans with Disabilities Act Amendments Act of 2008 went into effect today. In the two years since the ADAAA was enacted, employers have begun to experience the law’s profound impact. With the final regs in place, expect courts to view them as the law of the land. They’re sure to be the critical factor in future ADA cases.

Can you ask applicants to ‘audition’ via voice-mail?

05/24/2011
It’s a hot hiring trend for sales positions and other jobs that call for great verbal skills: Asking job applicants to leave a voice-mail message in which they make their best pitch. Advocates say it’s an effective way to tell right away who has potential — and quickly weed out duds. But is it legal?

Feds add new data element to new-hire reporting laws

05/24/2011
Enacted at the end of 2010, the federal Claims Resolution Act amends the Social Security Act to require that employers report a new hire’s first day of work. That’s in addition to the six data elements already required for new-hire reporting.

Loud and inappropriate gripe? OK to punish, even if complaint involved discrimination

05/20/2011

It goes without saying that employers can’t punish employees because they have complained about discrimination. That would be retaliation, and could mean a lost lawsuit even if the employee wasn’t correct about her allegations. But that doesn’t mean you have to tolerate loud, obnoxious or disruptive complaints, no matter what their content.

What are California’s rules on lactation breaks?

05/20/2011
Q. Are we required to give our employees additional rest breaks in order to express breast milk?

Are we required to grant a former employee access to his personnel records?

05/20/2011
Q. One of our former employees has requested to see his personnel file. Are we required to allow him ­access to it?

Given California’s strict break rules, can employees work through lunch?

05/20/2011
Q. We give our employees the opportunity to take up to a one-hour lunch break every day. However, several of our employees have requested to work through their lunch break in order to leave work earlier. Is this legal?

John Muir Health settles EEOC ‘latex bias’ charges

05/20/2011
John Muir Health agreed to settle bias charges brought by the EEOC, claim­ing the East Bay hospital system dis­­criminated against job applicants ­perceived to have latex allergies.