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Employment Law

EEOC settles pregnancy bias lawsuit in San Diego

06/26/2018
Tarr & Zenith, a defunct dietary supplement company in San Diego, has agreed to settle charges it discriminated against two pregnant workers.

OSHA ain’t just blowing smoke on whistleblowing

06/26/2018
The U.S. Department of Labor’s Occupational Safety and Health Administration has ordered Chino, California-based Mr. Good Vape to reinstate a manager who reported alleged violations of federal safety laws in its production process.

Refuse a DOL subpoena, go straight to jail

06/26/2018
The owner of GT Drywall in Chino Hills, California, spent some time behind bars after a federal judge tired of his delaying tactics in an ongoing wage-and-hour investigation.

EEOC files disability bias suit against San Diego hotel

06/26/2018
Merritt Hospitality and HEI Hotels and Resorts, who together operate the Embassy Suites San Diego Bay, face an EEOC lawsuit alleging that the hotel failed to grant an asthmatic employee’s accommodation request.

Don’t use disability leave as excuse to terminate

06/26/2018
Under California’s Fair Employment and Housing Act, employers must reasonably accommodate disabled workers with disability leave. If that leave is then used against the worker to justify a termination, it ceases being a reasonable accommodation.

Better get a lawyer! Details are crucial when drafting employment agreements

06/26/2018
When it comes to incentive agreements, it pays to engage an experienced attorney up front to draft the language. Your early investment in legal help will save you time and money later.

Assemble objective data to justify disciplinary and termination decisions

06/26/2018
Employers that have solid, objective information about poor performance seldom lose lawsuits over the firing of a sub-par employee. Just one caveat: The more objective the data, the better.

Absences may disqualify disabled employee

06/26/2018
Employees who suffer from disabilities as defined in the ADA or serious health conditions as defined in the FMLA enjoy some job protections. But those protections are not unlimited.

No work permit? Overtime pay still required

06/26/2018
Undocumented status and the possibility the workers may be subject to deportation does not absolve you of your obligation to pay the minimum wage and overtime under California’s wage-and-hour laws. You must also grant mandated meal and rest breaks.

Bill would lower standard for harassment complaints

06/26/2018
A bill before the Minnesota legislature would establish a lower bar for sexual harassment victims under the Minnesota Human Rights Act than the one required to file claims under Title VII of the Civil Rights Act.