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Employment Law

HR on Capitol Hill: Specter flips on same-sex marriage

11/23/2009

Arlen Specter, Pennsylvania’s senior senator, switched parties from Republican to Democrat in April, and now he’s changed his mind about the Defense of Marriage Act (DOMA). His support for pending legislation to repeal DOMA, which limits federal government recognition of same-sex marriage, could be crucial—and could affect HR.

No retaliation against co-workers who testify

11/20/2009

It can be frustrating for supervisors when an employee files a lawsuit they honestly think is bogus. It only gets worse if other employees testify on behalf of the employee. When the case ends up being dismissed, it’s natural for managers to carry at least a slight grudge. They no doubt understand that they can’t retaliate against the employee just because he brought a lawsuit. What they may not understand as clearly is that they can’t retaliate against the supportive co-workers, either.

‘Donning and doffing’ remains FLSA flashpoint

11/20/2009

Employers, beware if you don’t stay on top of the intricacies of the Fair Labor Standards Act. The fact is, the law is still developing and employers that don’t keep up will be caught. Consider the following case involving the seemingly old question of “donning and doffing” clothing and gear before and after clocking in:

U.S. Supreme Court won’t hear California sex harassment case

11/20/2009

The U.S. Supreme Court has declined to review a Court of Appeal of California decision upholding a reduction of the punitive damages awarded to a former supermarket employee in a sexual harassment case.

Dozing at the desk? Sleepy on the shop floor? You may need to offer ADA accommodations

11/20/2009

Some disabilities require the use of medications with side effects. If one of those is sleepiness and fatigue, employers may have to accommodate those. That’s why it’s crucial for you to begin the interactive process as soon as you learn that an employee is having trouble because of the medication he uses. The worst thing you can do is to simply terminate him because he nodded off.

FEHA allows terminating pregnant employee if there is absolutely no way to accommodate

11/20/2009

Pregnant employees are protected from discrimination under the California Fair Employment and Housing Act (FEHA). That means employers have an obligation to reasonably accommodate pregnant employees so they can continue to perform the essential functions of their jobs. But that obligation has limits, as the following case shows.

Outsourcing payroll? Be sure someone can explain the math

11/20/2009

These days, with employers having to do more with less, lots of companies outsource some functions that take a lot of time. If a vendor handles your payroll, make sure someone on the inside understands exactly how the outside provider calculates tricky things like overtime pay.

No day at the spa: Union-owned resort to close

11/20/2009

The Konocti Harbor Resort and Spa, a Kelseyville resort owned by Plumbers and Pipefitters Local 38, will close. The announcement came two years after Local 38 agreed to sell the resort under a DOL consent decree filed in the U.S. District Court for the Northern District of California to settle charges that the union diverted $36 million from pension plans to operate and renovate Konocti.

Courts: Shady deals are more legit than blackmail?

11/20/2009

Think you got the goods on your boss? Don’t count on profiting from it, as the following case shows:

ADA case: More prima donna than prima facie at hotel?

11/20/2009

Hotel banquet captain Richard Robinson claimed to suffer from attention deficit hyperactivity disorder, bipolar disorder, post-traumatic stress disorder and several physical impairments. He asked his employer, the Hyatt Hotel in New Brunswick, to accommodate the myriad maladies …