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Employment Law

Apply zero-tolerance policy on workplace violence across the board

04/19/2010

Many employers have adopted so-called zero-tolerance rules prohibiting any kind of violence at work. The reason: Getting rid of violent employees is crucial to maintaining a safe work environment. But be careful how you enforce the rule. If you ever make exceptions, you’re asking for a lawsuit.

Make sure employees know where and how to report alleged sexual harassment

04/19/2010

It’s simply impossible to prevent all sexual harassment incidents. But you can take steps to protect your organization from most sexual harassment lawsuits. Make sure your sexual harassment reporting policy is clear, specific and well publicized.

Hire workers through temp agencies? Be alert for religious accommodation issues

04/19/2010

Lately, the EEOC has been on a campaign to stamp out discrimination based on religion—especially discrimination related to religious dress. As part of that effort, the EEOC has focused on employment agencies, demanding that they do more to ensure that the employers they refer temporary workers to aren’t biased. Now the 8th Circuit has reined in the EEOC a bit—for the time being.

Use proactive measures to stop bias lawsuits

04/19/2010

Sometimes, all it takes to stop a potential lawsuit based on a supervisor’s poor behavior is a timely warning. Take, for example, what might happen if a subordinate believed her supervisor was targeting her for poor treatment because of her race. If HR takes a strong stance and persuades the supervisor to change her approach, then a potential lawsuit may dissolve into nothing.

You don’t have to put up with insubordination

04/19/2010

Some employees think they can behave like jerks at work without any consequences—as long as they don’t harass co-workers. You don’t have to put up with that kind of nonsense. Instead, institute clear rules against such behavior. Put them in your employee handbook. Then enforce those rules—up to and including firing those who just won’t change their ways.

Can we deduct from pay to replace equipment our employee damaged?

04/19/2010
Q. We have an employee whose company-provided laptop fell and broke while he was working from home. Can we deduct the cost of the computer from the employee’s paycheck?

Labor on the rise: Review your solicitation & distribution rules

04/19/2010

Unions are stepping up their organizing activity, and smart employers are preparing by making sure their rules on solicitation, distribution and access to private property meet legal requirements. If you don’t have a “no solicitation/no distribution” policy, adopt one now. It can help regulate two types of conduct that unions depend on when trying to organize a workplace.

H&R Block settles with California loan officers

04/19/2010
H&R Block will settle a lawsuit brought by former employees who alleged the tax prep company violated federal and California overtime and meal-period regulations.

Kitchen cabinet firm closes door on wage-and-hour suit

04/19/2010
A federal judge in Northern California has granted preliminary approval to a settlement reached between U.S. Remodelers Inc. and 270 current and former workers who sued the company for wage-and-hour violations.

DLSE issues opinion letter on partial-day absences

04/19/2010
The California Division of Labor Standards Enforcement (DLSE) has issued an opinion letter stating that, although employers may not deduct from exempt employees’ salaries for partial-day absences, they may make deductions from employee leave balances in accordance with the employer’s bona fide leave policies.