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Employment Law

Fresno eatery settles EEOC sexual harassment complaint

12/08/2014
Sal’s Mexican Restaurant in Fresno, California has agreed to settle a sexual harassment complaint filed by a former hostess. According to the complaint, the hostess was a teenager when a male supervisor continually propositioned her for sexual favors, grabbed her and required her to give him hugs and back rubs as part of her duties.

Get expert help with arbitration agreements

12/08/2014
If, like most employers, you use an arbitration agreement to avoid costly court litigation, put regular consultations with your attorney on your calendar. An expert needs to make sure that your agreement is as up-to-date as possible.

Don’t rely on arbitration agreements that require class-action waivers

12/08/2014

The California Court of Appeal has yet again ruled against employers in an arbitration rights case. This time, the issue was whether employers can use arbitration agreements to limit so-called class- or collective-action claims. The apparent answer is “no.”

Ban comments about age, national origin, but don’t sweat isolated incidents

12/08/2014
Here’s some good news. One single isolated comment about an employee’s advancing age or his country of origin isn’t enough to sustain a lawsuit claiming age discrimination.

Court approves settlement in EEOC lawsuit

12/08/2014
The federal court hearing a sexual harassment and hostile work environment case has agreed to settle the case with a modest payment and extensive EEOC monitoring to prevent further harassment. While the payment was relatively small, the company will now endure regular EEOC visits to check on its progress.

Former NYPD diver files race bias lawsuit

12/08/2014
A former New York Police Depart­­ment officer of mixed-race ancestry is accusing the department of tolerating racial bias, alleging that co-workers on the NYPD’s elite scuba diving team harassed him.

Beware class action if you pay young men more than experienced women

12/08/2014
Now that every paycheck can become the basis for a new equal pay claim, smart employers are proactive about making sure they base compensation on factors other than sex, age or some combination of those factors.

Respond vigorously to anonymous harassment

12/08/2014

Occasionally, a worker will do something truly stupid: tagging offensive graffiti, posting jokes that aren’t funny or leaving anonymous, bigoted notes. Whatever form it takes, make sure you respond immediately. Show you mean business about stamping out harassment.

Pre-shift and post-shift duties: A few unpaid minutes can add up to millions

12/08/2014
If you rely on an inaccurate formula to calculate work time, a jury may correct your mistake for all similarly situated employees—and a judge can double the amount owed for unpaid time.

Unfair isn’t illegal

12/08/2014
Judges understand the difference between an unfair boss and an illegal practice. They won’t hold you liable for all bad decisions—just the discriminatory ones.