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Employment Law

Could we get in trouble? Brief posting led to job for applicant with inside info

12/04/2008

Q. My company posted an internal job position for 24 hours and only one person applied. She got the job. This person knew about the position and the posting because she works in HR. Is this legal to do in the state of Texas?

Personnel records: Your guide to ADA and FMLA medical confidentiality

12/02/2008

Both the ADA and the FMLA have strict requirements for how employers must handle employee’s confidential medical information. HR professionals must know these rules to comply with both laws—and to avoid expensive legal liability for failing to do so. Here are the details you need.

The new FMLA: 9 changes you must comply with

12/02/2008

For the past 15 years, complying with the FMLA has been complex, but at least the law stayed the same. On Jan. 16, that all changed. That’s the day the first major overhaul of the FMLA took effect. Here are the details.

Should you make copies of employees’ I-9 documentation?

12/01/2008

Federal law says employers are allowed, but not required, to make copies of the drivers’ licenses and other documents that their employees show for I-9 purposes. But is it legally wise to make those copies? Attorneys are split on the issue. Here’s our analysis, plus answers to six common I-9 questions …

One more reason to keep job descriptions current

11/25/2008

If you don’t have up-to-date job descriptions, you are asking for legal trouble the next time an employee asks for reasonable accommodations under the ADA. Without a current job description, the employee will come up with her own—quite possibly minimizing the essential functions she can’t perform.

Calif. OT law may apply to out-of-state workers

11/25/2008

Do you have employees who live and work in another state, but whose jobs sometimes bring them to California? Then you may be making a big overtime mistake if you pay them as if they were working in their home states.

‘Big Five’ talent agency settles age-bias suit for $4.5 million

11/25/2008

A class of television writers reached a $4.5 million settlement in an age discrimination lawsuit it brought against International Creative Management (ICM), one of Hollywood’s “Big Five” talent agencies.

Clarify contract status by separating arbitration clause from job application

11/25/2008

If, like many employers, you include an arbitration clause in your employment applications, take note of a recent California Court of Appeal case.

Workers who pursue internal discrimination grievances have extra time to sue

11/25/2008

The California Fair Employment and Housing Act requires employees to file complaints with the appropriate state agency within one year of an alleged discriminatory act. But what happens if the employee delays going to the agency and instead tries to resolve the complaint using the employer’s own internal process?

Court: Local governments can create benefit-spending requirements

11/25/2008

Many California employers are viewing a recent decision by a federal appeals court as a setback. The court upheld the right of local governments to pass ordinances that essentially force employers to provide a certain level of funding for employee benefits.