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Employment Law

Document every discharge just in case there’s a lawsuit

07/26/2013

You might assume that someone won’t sue if they’ve been accused of sexual harassment by several employees and cited for poor performance. You could be wrong. That’s why you should document every discharge decision as if you expect a lawsuit.

SS disability doesn’t automatically qualify employee for company disability

07/26/2013
An employee who files for Social Security disability benefits based on the inability to work doesn’t automatically qualify for her company’s ERISA disability benefit plan when her federal benefits come through. She can be disabled under federal law but still capable of working as defined in the company insurance plan.

Protected activity doesn’t excuse insubordination

07/26/2013
Some workers believe they are golden as soon as they complain about supposedly illegal employer actions. You can and should punish any be­havior you would have punished if the employee had never complained. That includes terminating an em­­ployee for post-complaint insubordination.

Warn bosses: Don’t single out caregivers

07/26/2013

Being a boss is hard enough, but it’s especially difficult when un­­expected absences disrupt production schedules. Unfortunately, it’s a fact of managerial life. That’s why you should remind supervisors that they must not take out their frustrations by retaliating against employees who miss work for legitimate reasons—such as having to care for a sick child.

How far must we go in tracking meal breaks?

07/26/2013
Q: Must nonexempt employees enter the time they leave and return from lunch, or can we assume that they took their lunch hours unless otherwise noted in their time records?

Equal pay is on the way … about 45 years from now

07/25/2013
New research from the Institute for Women’s Policy Research finds that the wage gap between working men and women will not close until the year 2057.

Perez confirmed as Labor Secretary

07/24/2013
The U.S. Senate on July 18 confirmed Thomas Perez to become the next Secretary of Labor. The 54-46 party-line vote followed a four-month standoff between the Senate Republicans and the White House during which Perez’s nomination languished, along with those of other Obama administration appointees awaiting confirmation.

Court points way toward tracking employees with GPS

07/24/2013
A recent New York Court of Appeals case offers guidance to employers that want to slap GPS devices on employees’ cars to monitor their activities.

Does your discipline policy grant ‘one harassment free’?

07/24/2013
We all struggle with drafting policies. In the following case we learn that leaving certain words out of your disciplinary policy can be just as legally dangerous as putting the wrong words in. In this case, the employer’s discipline policy essentially allowed employees to engage in one act of sexual harassment without being terminated.

Reporting-time pay: What if it’s clear employee is in no condition to work?

07/23/2013
Q. Does California’s reporting-time pay law apply to workers who report to work but appear to be unable or unfit to work?