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Employment Law

Joint-employer legislation scheduled to move quickly in House

11/08/2017

The House Rules Committee is fast-tracking legislation that would repeal the broad definition of joint employment established by the National Labor Relations Board’s 2015 Browning-Ferris decision.

Disability doesn’t provide immunity from discipline or termination

11/08/2017

Some workers wrongly believe a disability immunizes them. If they are disciplined or terminated, they often sue. Those lawsuits will be dismissed early in the legal process if the employer takes the litigation seriously and explains exactly why the worker was disciplined or fired.

Wrong about FMLA abuse? Your honest belief counts

11/02/2017
The 3rd Circuit Court of Appeals recently handed a victory to employers that struggle with employees who misuse FMLA leave—particularly intermittent FMLA leave. The court held that an employer’s honest belief that its employee misused FMLA leave was sufficient to defeat an FMLA retaliation claim, even if the employer was mistaken.

Worker must choose: Totally disabled or disabled needing accommodations

11/02/2017
An individual who applies for disability benefits, asserting that she is totally disabled, can still claim she’s entitled to reasonable accommodations under the ADA. However, she will have some explaining to do.

What are our obligations under the California Employee Literacy Education Assistance Act?

11/01/2017

Q. An employee recently disclosed that he is illiterate and asked for our help in finding an adult literacy education program. What are our obligations toward this employee under California law?

9th Circuit docket: Coddling criminal harasser may backfire

11/01/2017
A jury will get to determine if an employer’s perceived preferential treatment of an alleged rapist created a hostile work environment for the female employee who reported the rape.

San Jose Chipotle sued for female-on-male sex harassment

11/01/2017
If the facts alleged in a recently filed EEOC lawsuit turn out to be true, food wasn’t the only spicy item on offer at a Chipotle restaurant in San Jose.

L.A. nightclub accused of pregnancy discrimination

11/01/2017
L.A. Lousianne, a Los Angeles jazz club, is headed to court after the EEOC filed a lawsuit alleging violations of the Pregnancy Discrimination Act.

Wage & Hour admin nominee clears key Senate committee

11/01/2017
Cheryl Stanton is one step closer to becoming administrator of the Department of Labor’s Wage and Hour Division.

Offering employee investment? Track response or lack thereof

11/01/2017
Sometimes, you may want to offer certain highly skilled, key employees an opportunity to acquire an equity stake in the business. Be sure to have your attorney draft the contract. Then follow up by documenting either the employee’s signature or her objections and lack of agreement.