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Employment Law

‘At-will’ clause doesn’t turn contractor into employee

11/25/2008

Do your independent-contractor agreements include a clause that allows either you or the other party to terminate the relationship at will, without stating a cause? If so, rest easy …

Union sues Fresno, transit agency for blocking ad

11/25/2008

A health care workers’ union has filed a lawsuit against the city of Fresno, claiming it violated the union’s constitutional rights by failing to allow a union advertisement on city buses.

$33 million Smith Barney sex-bias settlement approved

11/25/2008

A federal district court judge recently approved a $33 million settlement reached between Citigroup and female financial advisors in its Smith Barney unit.

How can we make the season bright—without exposing ourselves to legal liability?

11/25/2008

Q. Our employees have proposed that the company sponsor a holiday party at a local restaurant. Although we want our employees to have a good time, aren’t we exposing ourselves to potential liability?

What should we do? An employee says one of our clients harassed her

11/25/2008

Q. An employee recently complained that one of our clients sexually harassed her. May we be held liable for the client’s action?

Don’t fear conflicting reviews show discrimination

11/25/2008

Sometimes, employees work with several supervisors, all of whom provide input on that employee’s performance. But courts generally won’t view differing evaluations by more than one supervisor as evidence of discrimination

Tell bosses: Absolutely no comments on ethnicity

11/25/2008

Here’s another good reason to tell all managers you’ll tolerate absolutely no ethnic, religious or racial comments: Just one or two comments followed by an adverse employment action may be enough to establish a hostile work environment. And those later acts can extend the time the employee has to file his claim.

Lawsuit: Lehman bankruptcy stiffed riffed Jersey workers

11/25/2008

Miron Berenshteyn, a former computer programmer for Lehman Brothers in Jersey City, has filed a $5 million lawsuit alleging the company violated the federal and New Jersey WARN Acts when it laid off more than 100 workers in September.

Know the law: Simply taking FMLA leave doesn’t necessarily mean worker is disabled

11/25/2008

Generally, someone whose condition qualifies as a disability under the ADA is probably also entitled to FMLA leave when that disability flares up. But the reverse is not always true.

Say no to accommodations if ‘disability’ barely scratches the surface of credibility

11/25/2008

Employees have the strangest ideas about what constitutes a disability and whether they are entitled to a reasonable accommodation. For example, many people have minor phobias—let’s say a fear of spiders. That doesn’t mean employers have to provide a spider-free workplace.