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Employment Law

Hopeful worker gets extra time to sue

02/25/2020
Employees who believe that their employer will act on discrimination complaints and make their workplace tolerable may get extra time to sue.

Consider including arbitration clause when settling employee’s lawsuit

02/25/2020
According to a recent case, it’s perfectly fine to include an arbitration agreement in a settlement. That may keep the next claim out of court.

Ensure security procedures discourage sexual harassment, make it easy to spot

02/25/2020
These days, more employers are using security screening to protect employees, customers and clients from potential violence. But those screenings can spur resentment, anger and—occasionally—charges of sexual harassment, as this recent case shows.

Beware two ADA traps: Perceiving obesity as a disability, making applicants pay for exams

02/25/2020
Employers that cite obesity as a presumptive disability and then require an applicant to prove that he is not disabled are violating disability discrimination laws, the 9th Circuit Court of Appeals has ruled.

Beware creeping expectations for exempts

02/25/2020
In today’s booming economy, with new workers in short supply, many exempt employees are being asked to do more nonexempt work and end up working longer hours. That’s a recipe for disaster.

Orange County, Calif. trucking co. delivering $200K in back OT pay

02/25/2020
C&W Trucking in Orange County will pay 56 employees $199,010 in back pay following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

Justify ‘English-only’ rule on safety, service and efficiency—not simply preference

02/20/2020
Establishing language restrictions in the workplace isn’t automatically illegal. However, depending on how restrictive your rule is (and your reason for establishing it), an English-only policy could create liability under federal and state national-origin discrimination laws.

With EEOC on a roll, enforce your policies

02/20/2020
The EEOC has been active recently, addressing a wide variety of workplace harassment and discrimination cases. Here’s a sampling.

Settling still possible after catastrophic loss

02/20/2020
Here’s an important note for employers that lose lawsuits and get zapped with huge jury awards: Don’t give up trying to reach a settlement with the employee who sued.

Snapshot: Sources of EEOC disability discrimination charges

02/18/2020
Disability discrimination was the most common EEOC bias charge last year. Here are the five most frequent medical reasons for disability discrimination complaints.