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Employment Law

Employers must notify employees of their FMLA rights

09/28/2015
HR professionals consistently rate FMLA administration as one of their most difficult tasks. New court decisions constantly affect the FMLA landscape.

Business survey: Support grows for higher minimum wage

09/28/2015
Almost two-thirds of HR and hiring managers surveyed—64%—believe the minimum wage should be increased in their state, up from 62% last year.

Court: You don’t have to be clairvoyant about ADA

09/24/2015
Merely complaining about aches and pains isn’t enough to put an employer on notice that an employee is disabled and needs an ADA accommodation.

Learn state laws on social media, employee privacy

09/23/2015
A new online resource from the Seyfarth Shaw law firm offers a state-by-state description of established and new laws designed to protect employees’ privacy rights on social media.

Quickie union elections get quicker with e-signature OK

09/22/2015
Unions no longer need to collect employees’ handwritten signatures on authorization cards before they file an election petition.

How should I accommodate breastfeeding at work?

09/21/2015
Q. An employee who is about to return from maternity leave wants to pump breast milk at work. She is asking for a room specifically designated for pumping, as she feels uncomfortable doing so in the bathroom or the office, and for several breaks during the day. Do I have to provide this accommodation?

California appeals court gives go-ahead to meal-period class action

09/21/2015
The Court of Appeals of California has upheld class-action certification allowing several employees to represent over 200,000 fellow current and former employees who claim they weren’t provided appropriate meal periods or premium pay for missed breaks.

9th Circuit: 10-year age difference creates presumption of age discrimination

09/21/2015
Generally, older employees who are turned down for promotions or aren’t hired must show that the person who was hired was younger. But how much younger? That question has now been answered by the 9th Circuit Court of Appeals.

Another reason to handle with care after FMLA: Bosses could be held personally liable

09/21/2015

FMLA leave is an entitlement and interfering with that leave or punishing a leave taker will backfire. It may even mean personal liability for a manager who decides to punish an employee with an adverse action like termination or demotion.

Sexual bullying is harassment under California’s FEHA

09/21/2015
It’s a violation of California’s Fair Employment and Housing Act for a supervisor to use an employee’s sexuality as a vehicle for making work life miserable. That’s true even if it wasn’t motivated by sexual desire. Bullying someone through sexual threats is sexual harassment.