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Employment Law

Assigning temporary additional duties? Beware salary creep that could violate EPA

10/29/2013
As employers continue to try doing more with less, employees sometimes find themselves handling additional duties and responsibilities. That can cause real problems if it results in female employees doing extra work, and they wind up being paid less than male co-workers.

Not a question to sneeze at: Is influenza covered by the FMLA?

10/29/2013
Back when Congress was debating the initial passage of the FMLA, there was considerable discussion about what kinds of illnesses would entitle an employee to FMLA protection. If in doubt, ask for a medical certification. Decide whether to approve or deny FMLA leave based on what the certification says.

Riverside detailer missed a spot in its pay records

10/29/2013
Interior Magic of California, a car detailing service in Riverside County, will have to pay $292,000 in back wages and liquidated damages to 205 current and former employees, plus $34,408 in civil penalties to polish its image following a U.S. Department of Labor investigation.

Southland temp agency sued for men-only policy

10/29/2013
When female workers sought temporary jobs at a warehouse, they were told that the temp agency, Los Angeles-based Industrial Labor Man­­age­­ment Group (ILM), was only hiring men for the positions. The women complained to the EEOC, which is now suing the firm for sex discrimination.

More time off after FMLA shows good faith

10/29/2013
Here’s a practice that can save you from a needless lawsuit: Employees who have used up their FMLA leave may be eligible for more unpaid time off as a reasonable accommodation under the ADA.

When employees violate anti-violence policy, make sure everyone is disciplined equally

10/29/2013
Nothing will get you in trouble faster than discipline that’s harsher for members of some classes than others. That’s especially true in cases where someone has been accused of violating anti-violence policies.

Make good-faith effort to root out racism

10/29/2013
There’s only so much you can do to prevent a racially hostile work environment. Fortunately, courts understand those limitations and won’t hold it against you—provided you acted in good faith to stop harassment.

Workers abusing FMLA? Here’s how to cure 5 common symptoms

10/25/2013
As the holiday season draws near, employers are likely to see an increase in employee requests for time off. It’s wise to carefully monitor employees who are on or seeking leave under the FMLA to make sure they aren’t misusing the generous protections offered under the statute.

Feel free to reprimand for substandard work

10/24/2013
Does fear of being sued keep you from reprimanding slipshod em­­ployees? If you can document their shortcomings, don’t worry.

Planning to fire expectant mom? Prove problems predated pregnancy

10/24/2013
Ordinarily, if an employer can show it decided to terminate an employee before she announced her pregnancy, a pregnancy discrimination lawsuit won’t succeed. But employers that try to make a better case for termination by whipping up a new performance appraisal that emphasizes poor performance can wind up handing the employee an easy lawsuit victory.