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Employment Law

Telecommuting not always an accommodation

10/31/2018
Sometimes, allowing a disabled employee to work from home may be a reasonable accommodation under the ADA or the California Fair Employment and Housing Act. But what constitutes a reasonable accommodation depends on individual circumstances.

San Diego massage parlor rubs DOL the wrong way

10/31/2018
The owners of two San Diego-area massage parlors have agreed to pay 17 employees $61,317 to settle charges they violated the Fair Labor Standards Act.

DOJ says transgender bias is lawful

10/30/2018
Title VII of the Civil Rights Act does not protect transgender employees from discrimination, according to a friend-of-the-court brief filed by the U.S. Department of Justice in an upcoming U.S. Supreme Court case.

Cargill settles suit brought by Muslim meatpackers

10/29/2018
The EEOC and Cargill, the meatpacking giant headquartered in Minnetonka, Minnesota, have settled a long-running lawsuit over the company’s denial of prayer breaks for Muslim employees.

Treat persistent complainer just as you do others

10/29/2018
Don’t give special treatment to employees who have filed complaints. The rules everyone else must follow apply to them as well. They may complain more, but they won’t get far.

Dollar General discounted employee’s USERRA reinstatement rights, now may have to pay

10/29/2018
USERRA allows returning service members to request reinstatement by any means, and employers can’t restrict how they ask.

Business necessity can justify criminal ban

10/29/2018
A number of convict-rights advocacy organizations have sued, alleging that some employers aren’t doing enough to prevent inadvertent discrimination on the basis of criminal histories. Fortunately, employers have a defense against such lawsuits.

Employee who complains isn’t immune from discipline

10/25/2018
Employers can’t retaliate against employees who file discrimination or harassment complaints. But that doesn’t mean you can never discipline those employees.

Stung once by EEOC? Don’t let guard down

10/25/2018
If the EEOC has accused your organization of some form of discrimination, don’t think you can just write a check and move on. Now is the time to take a cold, hard look at all your employment practices and policies.

Election Day & HR: Offer Voting Leave and Keep the Peace

10/24/2018
An increasing number of organizations are changing their policies to give workers time off to vote and, in many cases, paying them for this voting leave.