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Employment Law

Patience, paperwork: The right way to fire serial complainers

07/18/2008
Sometimes, employees who are having performance problems think that filing discrimination complaints will help protect their jobs. Word has gotten around that employees can win retaliation cases even if the discrimination claims they make are flimsy. But employers won’t lose a retaliation case if they can show that the employee really did deserve the discipline that followed the discrimination complaint …

Holiday premium isn’t the basis for overtime calculation

07/18/2008
Good news for California employers that pay their employees time-and-a-half for holiday work: You don’t have to cough up additional pay for overtime hours worked on a holiday …

Pair of cases shows how you can legally use arbitration, but standards are high

07/18/2008
Two recent cases involving arbitration clauses in employment demonstrate the danger of relying on arbitration agreements to avoid litigation. Federal courts decided one case, while California’s appellate courts decided the other. Both found unconscionable the arbitration agreements employers used. Therefore they were invalid …

Santa Clara firm fined for not accommodating lactating mom

07/18/2008
A Silicon Valley security services company has been fined $4,000 for failing to provide a private space for one of its employees to express breast milk. California regulators fined International Security Services, based in Santa Clara, after receiving a complaint from a new mother …

Albertsons settles final-Paycheck lawsuit, will pay $15 million

07/18/2008
California employees of several supermarkets and drug stores will receive their share of a $15 million settlement in a class-action wage suit. Approximately 200,000 employees of Albertsons, Lucky Stores and Sav-On Drugs will each receive up to $350 if their employment ended between Sept. 29, 1996, and Dec. 31, 2004 …

Are employee assistance programs required?

07/18/2008

Q. I understand that many companies offer employee assistance programs (EAPs) as an added benefit for employees who may have drug or alcohol abuse problems. Are we required by law to do so? …

We’d like to help an employee who may be a domestic violence victim

07/18/2008

Q. We suspect that one of our employees is a victim of domestic violence. What are the leave requirements for domestic violence under California law? …

He said/She said: The legal risks of interviewing transgender applicants

07/17/2008
Federal workplace anti-discrimination laws don’t specifically extend protection to transgender people. However, 13 states plus several cities and counties have passed such laws. But even if your state or city doesn’t have such a law, you still could face liability for discriminating against transgender people …

Asking worker to fetch coffee may be old-school, but is it harassment?

07/17/2008

Soon after a Pennsylvania sales company hired Tamara Klopfenstein as a receptionist, she had performance problems right away. But the real trouble began when Klopfenstein received an e-mail from a VP that said one of her “many responsibilities … is making and getting coffee.”

Congress moves closer on ADA reform bill

07/17/2008
The U.S. House of Representatives voted 402-17 last month in favor of the ADA Amendments Act of 2008, which would expand the class of employees who are considered “disabled” under the ADA …