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Employment Law

California Supreme Court to decide on waiving second lunch period

06/26/2015
The California Supreme Court has agreed to review the California Court of Appeal’s decision in Gerard v. Orange Coast Memorial Center, which partially invalidated an Industrial Welfare Commission wage order provision allowing health care industry employees to waive one of two required meal periods on shifts longer than eight hours.

Don’t let peevish behavior tie you up in litigation

06/26/2015
Nobody likes a serial litigator, but don’t fall into the trap of punishing an employee for repeatedly filing lawsuits.

Make it easy to know status of promotion process

06/26/2015
Federal employees have a much shorter time frame than other employees in which to complain about discrimination. In fact, they must go to their equal employment opportunity (EEO) officer within just 45 days of the alleged discrimination. But that time limit doesn’t apply if the employee has no way of knowing she was the victim of it.

Settling ADA claim: Good records essential when offering money in exchange for resignation

06/26/2015

Are you considering settling an ADA accommodations case by paying a lump sum? Do you think the employee could do his job with an accommodation? Then keep good records of your accommodations process, the medical records you used to consider possible accommodations and other information about the employee, his job and his abilities.

Provide clear rules on promotions to prevent failure-to-promote lawsuits

06/26/2015

Employers that provide clear rules on what employees must do before being considered for promotions can reduce the possibility of failure-to-promote lawsuits. That’s because employees who don’t follow those clear rules can’t argue they weren’t promoted on account of their membership in a protected class. They lost out because they didn’t follow the rules.

Act fast to intervene at first inkling that someone might have been sexually harassed

06/26/2015
If you take prompt, remedial action and then monitor the situation for possible continued harassment or retaliation, chances are that a one-time incident won’t mean losing a sexual harassment lawsuit. Of course, you still have to investigate every allegation, even if your first impression is that there wasn’t behavior serious enough to constitute sexual harassment.

Settlements: No-rehire clauses may be illegal

06/26/2015

When you settle an employment discrimination complaint or lawsuit, you likely include a “no-rehire” provision. Essentially, you trade some settlement dollars for the former employee’s promise not to apply for work at your company in the future. It’s a way to prevent future failure-to-hire lawsuits. Until now, everyone thought such common settlement provisions were legally valid and enforceable. But now a recent case has cast doubt on that premise by looking at California’s broad prohibitions on restrictive covenants in the Business and Professions Code Section 16600.

You, not employee, choose ADA accommodation

06/26/2015
Yes, employers are supposed to engage in an interactive process to arrive at reasonable ADA accommodations. But that doesn’t mean everything the employee wants, the employee gets. It’s up to the employer to determine which accommodation is both reasonable and best suited to its business needs.

Don’t let peevish behavior tie you up in litigation

06/26/2015
Nobody likes a serial litigator, but don’t fall into the trap of punishing an employee for repeatedly filing lawsuits. It could cause a retaliation suit.

The ADA at 25: Disability by the numbers

06/24/2015
To commemorate the 25th anniversary of the ADA’s enactment, here’s a look at some of the hard numbers that define disability at work, as compiled by the U.S. Census Bureau.