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Employment Law

Accommodation requests can affect unemployment benefits

01/26/2018

How you handle disability accommodation requests may determine whether a worker receives unemployment compensation if you terminate her after she’s used up all her leave.

Watch out for the hidden peril of constantly seeking new applicants

01/26/2018

Some employers like to keep résumés and applications on hand just in case they need to fill a position on short notice. But running frequent ads to generate up-to-date résumés can backfire if you end up terminating someone, even for good cause. He might try to argue that your ad proves you were planning to fire him even before the supposed triggering event occurred.

Firing for absences under no-fault policy? Check for FMLA, accommodation requests

01/26/2018

Employees with disabilities who are also eligible for FMLA leave have limited protection from discharge if they miss work because of complications related to their disabilities. However, employers also have a legitimate right to expect workers to show up for work most of the time.

Beware retaliation following bias complaint

01/26/2018

When a worker claims she experienced sexual harassment and sex discrimination, how you handle it may determine if you will eventually face a lawsuit. Any hint that the employee was punished for coming forward will probably result in litigation.

Feds up the ante on religious accommodation

01/25/2018

The Trump administration is increasing protection for workers who object to assignments and other conditions of employment based on their religious beliefs.

Industry alone may decide who DOL probes

01/25/2018

Even employers that scrupulously adhere to federal employment laws may have to contend with U.S. Department of Labor investigators. That’s because a particular employer’s conduct often has little to do with the DOL knocking on an employer’s door.

Settlement in case alleging disability-related questions

01/23/2018

Strataforce, a staffing company that operates in four states including California, has settled charges its hiring procedures violated the ADA.

Administrative exemption focuses on core business

01/23/2018

In order to claim a worker is exempt under the administrative exemption of the California Labor Code, an employee must do work directly related to management policies or general business operations of his employer or employer’s customers. Mere support work doesn’t count.

One case, two destinations: Arbitration and court!

01/23/2018

Here’s a decision that may complicate matters for employers that use arbitration agreements to keep employment disagreements out of federal courts.

Court of Appeal rules multiple arbitration agreements are permissible

01/23/2018

Employers that want to arbitrate all employment-related disputes have won support from California’s state appellate court system, which ruled it acceptable to create different arbitration agreements for different employment-related purposes, each with different terms and conditions.