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Employment Law

Consider disabled employee’s request for accommodation–even if you think it’s futile

09/01/2015
Supervisors who ignore an employee’s initial oral request for a reasonable accommodation risk exposing their employer to liability if the employee quits and sues. Never dismiss such a request out of hand.

Commitment to diversity doesn’t prove bias

09/01/2015
Employers that make public commitments to creating a more diverse workplace don’t risk losing a lawsuit solely based on that stated objective. An employee alleging discrimination because he isn’t part of the targeted demographic for diversity still has to show that he was fired or not promoted for a discriminatory reason. He can’t simply argue that the diversity commitment proves his case.

Does FMLA apply? Check local head count

09/01/2015

If you have employees in several locations, some may be covered by the FMLA and others may not be. Keep careful track of which is which. The key eligibility factor in the following case was the number of employees working in one of the employer’s two offices. The magic number is 50.

Don’t fire EAP counselor for backing worker

09/01/2015

Most employers outsource employee assistance plans, which offer confidential counseling to help workers deal with personal problems, work-related stress and other concerns. But some organizations handle EAP services in-house. That can cause a potential conflict of interest if an EAP counselor’s advice creates liability for the employer or calls into question its actions.

These two video clips bring FMLA issues into focus

08/31/2015
In an August webinar, attorney Michelle Maslowski of Ogletree Deakins shone a spotlight on Family and Medical Leave Act edge cases that reveal what a puzzle this law can be … and then provided answers.

Firing after FMLA: Document legit reasons

08/27/2015

Always view termination as an act that might be challenged in court. That’s especially true if the employee has taken FMLA leave in the past. Lawyers love to file FMLA retaliation suits, which can be lucrative. Defend against them by backing up your termination decision with solid documentation of performance or behavior problems.

What are California’s unique overtime rules?

08/26/2015
Three questions about overtime pay in California.

Do we have to pay our interns this summer?

08/26/2015
Q. Our company is considering hiring student interns this summer. Are we required to pay them under California law?

San Diego hospital must pay union’s negotiating expenses

08/26/2015
A federal court has affirmed a National Labor Relations Board ruling that Fallbrook Hospital in San Diego County is liable for the California Nurses Association’s negotiating expenses because the company negotiated in bad faith.

Probationary period starts on first day at new job

08/26/2015
Here’s a technicality to consider if you work for a California civil service employer: Employers have to count the first day of probation as part of the probationary period, and must extend probation during the term or the position becomes permanent.