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Employment Law

Consider letting employees unionize

04/23/2014
What’s an employer to do when it becomes clear employees want to vote on a union? One strategy may surprise you.

San Diego newspaper delivery drivers awarded $5M

04/23/2014
Workers who delivered the San Diego Union-Tribune will split a $5 million judgment against the paper’s former owner. A state judge ruled that about 1,200 carriers who worked for the paper from 2005 to 2007 were employees, not independent contractors.

NLRB orders Anderson Lumber to negotiate with Teamsters

04/23/2014
The NLRB has ordered a Sacramento-area lumber company to restart contract negotiations with the union that represents its employees.

No state do-over after worker loses in federal court

04/23/2014
Good news for employers: Workers can’t go to state court to re-litigate an employment discrimination case based on the same underlying facts that already failed in federal court.

Male boss hits on male employee? That’s harassment

04/23/2014
Just as women have the right to dignity in a workplace free of sexual harassment, so do men.

Leave off job application any language that limits time frames for employee to sue

04/23/2014
Don’t even think of including in your job application a shortened statute of limitations for resolving employment disputes.

Want to require an arbitration agreement? That’s fine as long as it’s fair to employees

04/23/2014
Here’s some good news for employers that want to use arbitration as a way to resolve employment disputes instead of relying on federal or state courts: Imposing a fair arbitration policy on applicants as a condition of employment is fine.

Just having a policy isn’t enough! Enforce your rules against harassment

04/23/2014
We’ve said it before, but it needs to be said again: Simply having a sexual harassment policy in your handbook won’t save you from a lawsuit. It’s all about what you do with that policy.

Disability leave: Best intentions may backfire

04/23/2014

Here’s something to consider before you place an employee on disability leave following an em­­ployer-ordered medical exam. That employee may end up being considered disabled—even if the exam revealed no real medical problems. Essentially, by examining him and placing him on leave, you are regarding him as disabled. He can then sue for disability discrimination.

Continue benefits status during military leave

04/23/2014
Always count military leave as time worked. Simply pretend the worker is present and earning leave and other benefits. That principle applies to both your attendance policies and your FMLA practices.