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Employment Law

Union fails to pursue grievance? That’s its problem

01/01/2008

If an employee’s union rep doesn’t file a grievance and your organization later fires the employee based on an incident that could have been the subject of the grievance, the union is most likely on the hook for any damages …

Caught on camera! Public employers can snoop on employees during fraud probes

01/01/2008

California has a tough statute that protects celebrities against the paparazzi. But California law doesn’t necessarily shield the privacy of public employees. Government agencies can order and conduct intrusive investigations if they suspect public employees are committing workers’ comp and benefits fraud …

Whistle-Blower alert: Don’t warn against reporting alleged wrongdoing

01/01/2008

What’s one of the quickest ways to a California Labor Code whistle-blower lawsuit? Discourage an employee from reporting to the government or law enforcement what she sees as possible illegal activity. If disciplinary action against a formerly good employee closely follows your discouraging words—watch out! Litigation won’t be far behind …

Warn managers: Don’t promise a rehire call

01/01/2008

Tell supervisors to avoid the encouraging words, “If we have an opening, we’ll give you a call.” They’re well-intentioned but legally dangerous. Tell departing employees you’ll consider them for any openings they’re qualified for if they apply. Then explain how you post job openings and leave the ball in their court …

Independent investigation doesn’t have to be perfect

01/01/2008

If you receive a discrimination complaint, conduct a prompt and thorough investigation. Then have an independent party decide on any discipline. If the investigation was independent and the decision-maker was not the same person who allegedly discriminated against the employee, it won’t matter if the decision-maker was wrong—just that he or she believed the reason was genuine …

Even absent employees can claim harassment

01/01/2008

Even employees who are no longer working day to day in a hostile environment can sue for harassment. Every federal circuit appeals court that has considered the question has sided with the absent employees on the principle that a hostile work environment may extend beyond the physical workplace …

Staples settles overtime suit for $38 million

01/01/2008

Staples Inc., the office supply retailer, announced that it will pay $38 million to settle overtime claims brought by California employees. The settlement ended a suit between 1,700 operations and sales managers in California who claimed they were misclassified as exempt executive employees under state law …

$1.27 million to BART worker for harassment, retaliation

01/01/2008

A California Superior Court jury has awarded a San Francisco Bay Area Rapid Transit (BART) employee $1.27 million for racial harassment and retaliation …

Clocking in and out: Can we round up or down?

01/01/2008

Q. My company tracks the hours of nonexempt employees through the use of a time clock. In determining the wages to be paid an employee, can we round up or down to the nearest five-minute increment? …

How do California and federal laws treat surrogate motherhood?

01/01/2008

Q. One of our employees announced that she has agreed to become a surrogate mother. What, if any, kind of leave are we required to provide to her? …