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Employment Law

Function–not treatments–decides disability

04/01/2015
Carefully consider whether an employee really qualifies as disabled before providing reasonable accommodations. Don’t focus solely on the number of treatments an injury or condition requires. Focus instead on whether the condition substantially impairs a life function.

Don’t let xenophobia harm innocent employee

04/01/2015
It’s no secret: International news often upsets Americans, especially since the Sept. 11 terrorist attacks. But frustration about terrorism and other threats shouldn’t be allowed to spill over in the workplace, especially if another staff member is unfairly singled out for abuse based on nothing more than his national origin or religion.

Employers can’t be casual about harassment

04/01/2015
By definition, sexual harassment investigations require a strict level of professionalism that may be at odds with the modern blue jean-clad, open floor plan office. Employees may be reluctant to rat out a co-worker, even if he is a harasser.

NLRB tries to get to ‘yes’

03/29/2015
Lauren McFarran, the National Labor Relations Board’s newest member, wants to dispel a misconception about how the controversial agency’s members work together.

Watch out, boss! You can be sued separately

03/27/2015
Generally, all claims arising out of the same set of facts must be brought in one lawsuit. However, in limited circumstances, it’s possible for an employee to file separate lawsuits against their employer—and their supervisor!

Could you be liable for third-party harassment?

03/27/2015
There is only one boss. The customer. But what if the customer or another outsider is harassing one of your employees? Can your organization be held liable?

Managing the legal way: Lessons from the courts

03/26/2015
These four court cases exemplify core concepts—and traps—in employment law.

What’s the head count that brings ACA into play?

03/26/2015
Q. Please clarify the number of employees it takes to place a company under the obligation of Obama­­care. Our insurance carrier said it had been increased from 50 employees to 100.

Cover all harassment in reporting policy

03/26/2015
A recent case shows that the broader your anti-harassment policy, the more protection you gain. Tell employees to report all harassment, not just the sexual kind. Include harassment based on religion, disability, national origin and so on.

DOL cites Silicon Valley firm that paid $1.21 per hour

03/23/2015
San Jose-based Electronics for Imaging (EFI) will have to pay $40,156 to eight workers it brought in from India. A U.S. Department of Labor Wage and Hour Division investigation found the company required workers to put in as many as 122 hours per week and paid as little as the equivalent of $1.21 per hour in Indian rupees.