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Employment Law

Disability: Beware docking attendance points

10/04/2018
Policies designed to encourage regular attendance often use a point system to determine when employees who miss work will receive discipline. But that simplicity may create legal problems.

Have a plan for harassers in the C-Suite

10/04/2018
HR professionals usually know how to handle co-worker or supervisor sexual harassment. But what if the alleged harasser sits high up the company chain of command?

EEOC lawsuit filings surged in last 12 months

10/04/2018
The EEOC is filing lawsuits at a rate that far surpasses the last four years, and sexual harassment lawsuits are causing much of the surge.

Must we accommodate employees’ need to bring therapy animals to work?

10/03/2018
Q. One of our employees suffers from severe panic attacks and has a pet hamster that she says relieves her anxiety. She wants to bring her hamster to work in case she has a panic attack. Are we required to grant this request?

Joint employers pay $300K to settle harassment complaints

10/03/2018
An Imperial County, California organic vegetable grower and its labor contractor have agreed to settle EEOC charges that a supervisor sexually harassed and retaliated against four women who worked on the farm.

Check layoff rationale for signs of hidden discrimination

10/03/2018
A layoff based on legitimate business reasons can still form the basis for a retaliation claim if the layoff decision was based on ulterior motives.

California Labor Code allows collective bargaining that waives some meal breaks

10/03/2018
When employees elect a union to represent them, they give it the power to negotiate away some worker rights already granted to them by law. That can include a statutory benefit such as meal breaks if the law authorizing the breaks allows for individual worker waivers. Here’s how that played out in a recent case.

If first disability accommodation doesn’t work, keep trying to find one that does

10/03/2018
The aim is to arrive at an accommodation that satisfies both the employer and the worker. But don’t think that once you have agreed on the accommodation, that’s the end of the matter.

Carefully consider duties and time spent performing them when classifying employees

10/03/2018
Exempt employees don’t qualify for overtime, of course. That makes it tempting to classify as many positions as possible as exempt. But if you get that wrong, you could lose big in court.

Document why you decided to hire candidate

10/03/2018
A simple truth: Any candidate who doesn’t get a job might sue, alleging some form of discrimination. It’s best to simply assume that, at some point, you will have to explain to a judge exactly why the applicant you picked was the best person for the job.