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Employment Law

Poor health doesn’t excuse poor performance

11/04/2019
Employees with a serious health condition are entitled to FMLA leave. That doesn’t mean poor health is an excuse for poor work.

Harassment victim told to put on your ‘big girl panties’

11/01/2019
When an employee at a Walmart store in Rochester complained about sexual harassment, her managers took an unusual approach.

California sexual harassment prevention training deadline extended

10/31/2019
Employers now have until Jan. 1, 2021, to comply with the sexual harassment training requirements.

Reverse discrimination carries a hefty price tag, too

10/31/2019
Employers can’t prefer one protected class of worker over another in hiring, even if the preferred class has historically been discriminated against. Such so-called reverse discrimination cases can net big penalties for employers.

ADA requires accommodating disabled customers, too

10/31/2019
Don’t ignore public access requests—or worse yet, lawsuits over accessibility. That may lead to a so-called default judgment.

Train supervisors: They must be prepared to accommodate religious attire

10/31/2019
It’s crucial for supervisors to understand that employees have the right wear religious attire at work. Making comments about that attire or refusing to modify dress codes may trigger a religious discrimination lawsuit.

Los Angeles Times sportswriter Simers wins $15 million in bias suit

10/31/2019
A jury has awarded a former Los Angeles Times sports columnist $15.4 million in his age and disability lawsuit against the paper. With interest, the amount could reach $22 million.

ADA blame game creates hostile environment

10/31/2019
Instruct all employees to treat everyone with respect and avoid crass blame games.

Confusing arbitration pact favors employee

10/31/2019
If you use an arbitration agreement to limit state and federal employment litigation, make sure the agreement your employees sign isn’t confusing. Courts interpret agreements against those who drafted them.

Arbitration agreement can last as long as employment

10/31/2019
A properly worded arbitration agreement that has no end date remains in force throughout the employment relationship. Just make sure you get a new employee’s signature on the agreement when he starts work; then keep a copy indefinitely.