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Employment Law

Missed payrolls add up to FLSA violations in Riverside, Calif.

10/03/2018
A U.S. Department of Labor investigation found that Carnegie Schools Riverside, a private Christian school, failed to make several payrolls to teachers, substitute teachers, coaches, administrative aides and cafeteria workers.

Supreme Court starts new term with age discrimination case

10/02/2018
At issue in Mount Lemmon Fire District v. Guido is whether the Age Discrimination in Employment Act applies to state and local government agencies with fewer than 20 employees.

ADA: Document interactive accommodations discussions

09/27/2018
To avoid later claims that no accommodation was offered, it makes sense to put your reasonable accommodation offer in writing, and have the employee accept or reject the offer. That creates a clear paper trail showing your efforts and the results.

ACLU targets social media recruiting ads

09/27/2018
Before you sign up for an online advertising program, consider the potential pitfalls—including whether organizations like the American Civil Liberties Union might claim your social media outreach campaign is discriminatory.

Are your noncompete agreements too broad?

09/27/2018
If your organization makes extensive use of noncompete agreements or is considering implementing them to prevent employees from jumping ship in this hot economy, it’s time to reconsider.

Under MFLSA, double damages mandatory

09/25/2018
Under the Minnesota Fair Labor Standards Act, employers found to have underpaid workers by not paying the state minimum wage or by not calculating overtime correctly must pay workers what they are owed. The MFLSA also provides for a penalty of doubling the amount owed.

Was that sexual harassment or just boorish behavior?

09/25/2018
It takes more than a few crude comments to create a sexually hostile work environment.

Carefully document all details when employee starts having attendance problems

09/25/2018
It may seem obvious that a worker isn’t following your attendance rules. However, always carefully document each absence anyway. Meticulous records make it easier to win if the employee claims your discipline was based on discrimination or retaliation.

Out on medical leave? Don’t automatically reject bid for promotion

09/25/2018
You might assume that if an employee is out on medical leave and applies for a promotion or a different position, you can reject her application because she can’t currently work. But that could turn out to be a big mistake.

Courts appreciate employers’ basic fairness

09/25/2018
Employers that treat employees fairly seldom lose lawsuits. Judges and juries understand that employers have a business to run, but appreciate it when they try to do the right thing under difficult circumstances. Here’s an example of how fairness won out.