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Employment Law

Stop retaliation against workers who tip off drug use

03/20/2009

Remind managers not to punish or otherwise retaliate against employees who report suspected drug use by fellow employees. Such tip-offs may constitute protected activity, and retaliation may lead to a lawsuit.

Employees can’t count on free attorney in most cases

03/20/2009

Sometimes, employees who want to sue their employers don’t have the cash for up-front fees lawyers demand. If the employee has little money, she may ask the court to find free legal representation. But that will work only if she’s already looked hard for an attorney herself—and the EEOC or another agency has concluded her case has merit.

Top companies offer domestic-partner benefits

03/20/2009

According to a recent report, 286 of Fortune 500 companies provide equal benefits to same-sex couples. What’s more, the better the company performs, the more likely it is to offer benefits that serve lesbian, gay, bisexual and transgender (LGBT) workers.

Study reports effects of state nurse staffing ratios

03/20/2009

The nonprofit California HealthCare Foundation (CHF) has concluded that California’s minimum nurse-to-patient requirement has had little direct effect on the quality of care. The goal of the minimum staffing ratios, implemented in 2004, was the improvement of patient outcomes.

Lawyer fired for appraisal sues for wrongful discharge

03/20/2009

A former lawyer at Skadden Arps Slate Meagher & Flom LLP has filed a lawsuit against the law firm for terminating his employment after he wrote a performance evaluation that criticized another associate and partner.

L.A. car washes charged with wage abuse, union busting

03/20/2009

On Feb. 9, the state of California filed a criminal complaint accusing four Los Angeles car washes, their owners and one manager of wage-and-hour law violations and for creating “a work environment that bordered on indentured servitude.”

What should we do in light of California’s new no-texting-while-driving law?

03/20/2009

Q. How does the new California law making it illegal to send and read text messages while driving affect employers?

What happens to accrued PTO leave when an employee separates?

03/20/2009

Q. Our company is considering replacing sick leave and vacation benefits with a paid time off (PTO) program. How are these plans treated upon the termination or resignation of an employee?

Can I fire this employee? His volunteer firefighting makes him miss too much work

03/20/2009

Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him because of the problems his service causes?

Implement new health care conscientious objector rule—for now

03/19/2009

Health care is rapidly becoming one of Michigan’s largest and most stable employment sectors. Health care employers are subject to many additional employment regulations than employers in other industries. That fact was driven home by a recent regulatory change implemented by HHS, providing a new level of protection to employees who work for health care providers—the so-called conscientious objector rule.