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Employment Law

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.

When bosses hook up with subordinates, sparks may fly … in court

03/12/2010

In today’s litigious society it’s best for employers to set some ground rules on office romance. Adopt an anti-fraternization policy that bans relationships between employees who hold a boss/subordinate relationship. But take note: Employees who aren’t involved in an affair with the boss won’t necessarily win a sex discrimination lawsuit if they don’t get the perks their co-worker got.

Workers ‘illegal’? You still have to pay them

03/12/2010

Employees can always sue if they haven’t been paid for their work—even if they’re in the country illegally and not eligible to work in the United States. Employers can’t use their undocumented status as an excuse for not paying minimum wage and overtime under the FLSA.

Don’t let employees guess about being fired

03/12/2010

Employees and former employees have just 300 days to file their initial EEOC discrimination complaints. But that countdown doesn’t start until the “adverse employment action” they want to challenge has occurred. That means that the moment employees know they have been fired, the clock starts ticking.