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Employment Law

The 5 reasons employees can take FMLA leave

10/19/2015
Except in the case of leave to care for a covered service member with a serious injury or illness, U.S. Department of Labor regulations say an eligible employee’s FMLA leave entitlement is limited to a total of 12 workweeks of leave during any 12-month period for any one, or more, of the following reasons.

NLRB rejects employer contention of no union support

10/16/2015
Anderson Lumber Co. in Sacramento has lost its bid to decertify Local 150 of the International Brotherhood of Teamsters as its employees’ bargaining unit. The controversy arose in 2012 when the two sides were negotiating a successor agreement. The Teamsters have represented Anderson Lumber employees for 50 years.

Protect against breach-of-contract claims

10/16/2015
Precise language in a settlement agreement helped an employer survive a breach-of-contract lawsuit filed by a former employee.

New push to mandate predictable schedules

10/15/2015
While there are no federal rules that require employers to tell employees well in advance what their schedules will be, some states are beginning to change that.

Grooming standards prompt EEOC class-action suit against UPS

10/15/2015
The EEOC has filed a class-action suit on behalf of several men of various religions who have allegedly been forced to shave or cut their hair to obtain jobs at UPS.

Do help desk staffers qualify for the FLSA’s computer professional exemption?

10/13/2015
Q. My company is switching to a new technology platform that will require many hours’ worth of IT support at the help desk level. The job must be done quickly, but we don’t have the resources to hire new staff. I’ve heard “computer people” are exempt from overtime requirements. Is that true?

Sierra Academy of Aeronautics settles pregnancy bias case

10/13/2015
A female airplane mechanic who alleged she was fired after she revealed her pregnancy to her employer will receive $60,000 in damages. Sierra Academy of Aeronautics, located near Merced, Ca., agreed to a seven-year consent decree, but admitted no liability.

Workers’ comp: The new contractor risk

10/13/2015
Prepare to add another problem that has flown under most employers’ radar: The risk is that they will be slapped with a huge bill from their workers’ compensation insurers, demanding payment for workers’ comp coverage for all those independent contractors.

Supreme Court tackles arbitration agreements

10/09/2015
One of the first cases the U.S. Supreme Court heard in its 2015-2016 term could have important implications for employers that require arbitration to settle workplace disputes.

Growing workplace protections for transgender employees

10/08/2015
No federal law protects gay employees—including transgender employees—from discrimination or harassment because of their sexual orientation. However, courts and the EEOC have begun applying Title VII of the Civil Rights Act to protect transgender rights.