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Employment Law

Griping about minor rulebreaking doesn’t count as whistleblowing

04/10/2019
Do you have employees who are always tattling on co-workers about minor rulebreaking? If so, don’t worry too much that the complaining employee can spin that into protected activity under the California Labor Code’s whistleblowing provisions.

No interference with obtaining employment if ex-employee already has job

04/10/2019
California’s Labor Code includes provisions to protect former employees from attempts to interfere with their ability to get a new job. Now a California appeals court has clarified that this only applies to efforts to obtain employment, and not to misrepresentation after the former employee has begun work.

ADA process ends once request is granted

04/10/2019
What happens if the employer and the disabled employee immediately agree on an accommodation? A California appeals court has ruled that the interactive process can end right there.

DOL offers new online resource on workplace mental health issues

04/09/2019
The U.S. Department of Labor has launched an online Mental Health Toolkit, an online resource to provide tools employers can use to support employees dealing with mental health problems.

EEO-1 pay data could be due Sept. 30

04/09/2019
The EEOC is planning a Sept. 30 deadline for employers to hand over data on how much they pay employees, broken out by by race, ethnicity and sex.

Prepare to prove discipline has been consistent

04/03/2019
If you need to fire someone for breaking a rule, document the exact rule he broke. Then check to see how you punished others who broke the same rule. Be prepared to show how their situations compared to the current case.

Threatening to reduce employee’s bonus isn’t enough to justify quitting

04/03/2019
A grieving husband has lost a lawsuit that claimed he had no choice but to quit after his employer threatened to reduce his bonus if he continued to take time off to recover from a tragic personal loss.

How can I keep track of overtime changes happening in Washington and Harrisburg?

04/02/2019
Q. I know the U.S. Department of Labor has just released a new proposed rule changing the weekly salary that employees must receive to be classified as exempt. But didn’t I also read a few months ago that Pennsylvania is also changing the salary level?

An expensive anti-bias lesson for Havertown, Pa. country club

04/02/2019
Llanerch Country Club in Havertown, Pa. just learned a $30,000 lesson: Don’t discriminate on the basis of age, and certainly don’t tell your older employees that’s what you’re doing.

New OSHA record rules won’t stop controversy

04/02/2019
In January, the Occupational Safety and Health Administration made official several documentation changes it had announced in July 2018. Affected were OSHA forms used to record workplace injuries and illnesses.