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Employment Law

Business leaders suggest DOL regs to kill

04/27/2017
Last week we reported briefly on Trump administration efforts to reach out to industry leaders and employers seeking suggestions on which government regulations should be cut. The results are now in.

After complaint is filed, be sure to justify all discipline

04/25/2017
If an employee complains about discrimination, make sure any subsequent discipline is well justified. Sudden discipline against a worker whose record was previously clean can be viewed as retaliation.

Document circumstances before discipline, as well as punishment that you imposed

04/25/2017
Generally, if an employer operates in a fair and equitable fashion, there’s very little room for an employee to file and win a discrimination lawsuit. But how can HR know whether supervisors are imposing balanced discipline without regard to race, sex, religion or other protected characteristics?

Overtime rules still dead, hearing delayed until June 30

04/25/2017
Stop us if you’ve heard this one before: A federal court has agreed to a Department of Labor administration request to postpone its defense of the yet-to-be-enacted overtime rules finalized last year.

Can we require seven straight days of work in California?

04/24/2017
Q. Tax season is very busy at our accounting firm. Can I schedule employees to work every day of the week during the spring?

Supreme Court rules on acting capacity of government officials

04/24/2017
The U.S. Supreme Court has ruled that individuals awaiting confirmation to fill vacant federal positions cannot begin assuming those duties while their confirmation is pending.

$325K settlement in Visalia, Calif. ADA class action

04/24/2017
Magnolia Health Corp. in Visalia, California, has agreed to settle charges that its policies violated the ADA.

Economic test hits brakes on taxi drivers’ contractor claims

04/24/2017
A group of taxi drivers lost their bid to be reclassified as employees. They remain independent contractors.

Employee’s sophisticated negotiation skills may help make employment contract binding

04/24/2017
Are you negotiating an employment contract with an applicant for a high-level position? If the applicant actively participates in that negotiation and makes counter-offers to the terms you propose, chances are a court won’t later throw out the agreement even if it includes an arbitration clause.

Tell managers: No comments of any kind about discrimination complaints

04/24/2017
The risk: Even if a complaint gets tossed out, employees could have a valid retaliation claim.