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Employment Law

Sudden severance switch raises bias red flags

07/05/2013
Here’s something to consider if you suspect an employee you want to terminate might sue for some form of discrimination. Offering a severance payment conditioned on waiving the right to sue could backfire if that’s not what you usually do.

Beware firing disabled yet active worker

07/05/2013

You just found out that an em­­ployee who’s out on medical leave—with severe restrictions on his activities—recently participated in a running event. What should you do? Think twice before you say, “Fire him!” That could cause lengthy and needless litigation.

When firing, consider all the circumstances–but prepare for lawsuit

07/05/2013

Fired employees who file lawsuits alleging they were singled out for discipline because of some form of discrimination usually follow a basic legal strategy. They try to find a former co-worker outside their protected class who was punished less severely for similar conduct. Your best defense against those lawsuits is to make sure you carefully document all discipline.

Can we require an employee to change shifts?

07/04/2013
Q. Our executive director wants to change an employee’s shift. The employee does not want the change. Can we force it? 

Worried promotion might fail? Take a chance anyway

07/03/2013
Some employees rise to a challenge; others don’t. If you are worried that an employee you want to promote might not succeed but want to give her a chance, go ahead. As long as you give her ample training, it won’t appear to be a setup.

Must you reassign disabled staff to vacant jobs?

07/03/2013
Suppose an employee becomes disabled and can no longer physically do the job he was hired to do. Must you reassign the employee to another position within your organization that he could perform? In many cases, yes.

Is a minimum wage hike on the way?

06/27/2013
Q. Is it true that the California state minimum wage is increasing soon?

What are the rules for providing, paying for employee uniforms?

06/27/2013
Q. We would like to require employees to pay for their own uniforms. Is this legal? If not, we would like to require employees to purchase uniforms. Then we would reimburse them. Is that OK, or must we purchase the uniforms and provide them to the employees?

With DLSE enforcement up, get your pay practices in order

06/27/2013
California Labor Commissioner Julie Su has issued a report summarizing the enforcement activity of the Division of Labor Standards Enforce­­ment in 2011 and 2012. Its conclusion: The DLSE has significantly increased the number and scope of its enforcement actions during the first two years of Gov. Jerry Brown’s administration.
Our conclusion: Now more than ever, employers should ensure that their pay practices comply with Cali­­for­­nia law.

Lab must pay $2.73 million to wrongly fired workers

06/27/2013
A San Francisco jury has awarded $2,729,037 to five former employees of the Lawrence Livermore National Laboratory who alleged wrongful termination and breach of their employment contracts.