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Employment Law

Telecommuting isn’t always a reasonable accommodation for disabled workers

03/22/2018
Some employees who need reasonable accommodations may insist on having the option to work from home. That may be a workable solution for some positions. However, it won’t be appropriate for other jobs that require direct supervision or the employee’s physical presence in the workplace.

Your failure to investigate can be evidence of discriminatory intent

03/22/2018
Deciding not to investigate can backfire badly. Not only could your organization miss an opportunity to right a wrong, but the decision not to investigate may itself be evidence of bias.

California Supreme Court clarifies OT bonuses

03/22/2018
The high court unanimously ruled that when calculating overtime for pay periods in which an employee earns a flat rate bonus, employers must divide the total compensation earned in the pay period by only the non-overtime hours worked. This is contrary to the federal overtime method used under the Fair Labor Standards Act.

Growth displaces legacy staff? Expect lawsuit

03/22/2018
When an organization transitions from a start-up to something bigger, company needs are bound to change. A stellar performer may be left behind. That could trigger a discrimination lawsuit, although it’s likely to fail.

Do your employees know what’s in arbitration pacts?

03/22/2018
Do you use an arbitration agreement to limit exposure to expensive and time-consuming employment litigation? If so, be aware that how you present that agreement to the employee and the employee’s language fluency may affect the viability of the contract.

EEOC sues over ‘man’s world’ comment

03/22/2018
The EEOC has filed a lawsuit against a kitchen management company over allegations that a manager ignored HR directives and complaints from a female chef who tried to apply for an open position only to be told that professional kitchens were “a man’s world” where women are not welcome.

McDonald’s, EEOC to settle major joint employer lawsuit

03/22/2018
McDonald’s reports that it has negotiated a settlement with the National Labor Relations Board in a long-running lawsuit that alleged the fast-food giant was as liable as a joint employer when its franchisees engaged in unfair labor practices.

Take care when responding to union résumé

03/20/2018

Here’s a warning about turning down an applicant who lists union memberships or otherwise indicated union support on his employment application. Refusing to interview him or turning him down for a job he is qualified to do may backfire.

Keep complete records of complaints to counter last-minute legal claims

03/20/2018

Here’s some good news from the 8th Circuit Court of Appeals: The court, which covers Minnesota employers, turned down a petition to allow an employee to introduce a new discrimination claim that he failed to clearly outline in his original lawsuit.

Post internal openings, ensure staff know how to apply for promotions

03/20/2018
Smart employers make it easy for employees to apply for promotions and make their promotion policies clear. They don’t rely on word-of-mouth or a buddy system to hand out promotions to favorites.