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Employment Law

Don’t cut filing period in arbitration agreement

03/19/2010
California courts are hard on employers that force employees to sign arbitration agreements. Judges often find these agreements unconscionable. And one of the quickest ways to end up with an unconscionable and invalid agreement is to cut the time an employee has to file a claim.

The only thing to say when employee is pregnant: Congrats!

03/19/2010
Look for legal trouble if supervisors express concern, surprise or anything other than neutrality when an employee announces she’s pregnant.

Excuse disabled worker from strict attendance rules–but demand doctor’s note

03/19/2010
Employees with multiple medical problems may need to be off work at unpredictable times. That can be a problem if a no-fault attendance policy requires terminating an employee with too many absences. If you don’t want to fire an otherwise good worker, it’s perfectly reasonable to accommodate him by excusing him from the attendance policy—as long as he can provide a doctor’s note.

Insist on medical leave as accommodation if disabled worker can’t return to full duty

03/19/2010
Some disabled employees seem to believe they can get whatever accommodation they want. That’s not true. In reality, California’s Fair Employment and Housing Act gives employers great leeway to choose accommodations that suit their businesses. That can include telling the employee to take medical leave until she is well enough to return.

You don’t have to pay for family leave unless your employees accrue sick leave

03/19/2010
The California Supreme Court has ruled that employers that don’t have a formal sick-leave accrual policy don’t have to pay employees for leave they take to care for a family member. So-called “kin-care” benefits apply only if employees earn sick leave over the course of their employment.

Pay the minimum or more? Broad tip pools OK

03/19/2010
The FLSA has complicated rules for employers that pay less than the minimum wage to staff who receive tips. If tips aren’t large enough, then the employer has to top off the wages so the employee makes at least minimum wage. But what happens if the employer pays the customarily tipped employee minimum wage or more right from the start? That’s the question the 9th Circuit Court of Appeals recently answered for the first time.

Call lawyer if disloyal employee causes losses

03/19/2010
High-ranking and well-paid employees occasionally think about jumping ship and starting competing companies. And sometimes they try to poach business as they prepare to launch their own enterprises. An employer may never know until it’s too late that a presumably loyal employee was working against its best interests. If that happens to you, consult an attorney right away! In many cases, the former employee may be liable for any losses his predatory behavior caused.

Misconduct inquiries: What workers ask & how to answer

03/17/2010

To conduct misconduct interviews that don’t provide legal ammunition to the employee, come prepared with answers to tough-but-valid questions that employees may ask during the investigation. Here are some of the most difficult questions along with responses that can protect you legally.

Your 10-point checklist for ensuring an NLRA-compliant handbook

03/16/2010
There are many good reasons to regularly review your employee handbook. But here’s another good reason to review and update your policies: A poorly written or overly broad handbook could result in unfair labor practices charges from the National Labor Relations Board. That’s true even if your workforce isn’t unionized.

DOL: Filing of Form 5500 goes all electronic

03/16/2010

The Employee Benefits Security Administration has converted to a total electronic system for online filing of the Form 5500 and the new Form 5500-SF. Filers must submit the annual form electronically through the so-called EFAST2 system at www.efast.dol.gov.