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Employment Law

Judge to U.S. Steel: Random drug testing OK

04/25/2013
Rebuffing the EEOC, a federal judge has ruled that U.S. Steel can randomly test new workers for substance abuse.

Worker on FMLA leave? Limited contact OK

04/25/2013
Sometimes, pressing business matters require a supervisor or other company representative get in touch with an employee who’s out on FMLA leave. As long as the contact is limited to true business needs and isn’t unduly restrictive or intrusive, the contact won’t cause you to lose an FMLA interference lawsuit.

Assess ADA disability against average ability

04/25/2013
The ADA doesn’t cover everyone who has any kind of medical problem. Even something like complete deafness in one ear may not be enough to make an employee disabled.

Night shift assignments: Must we pay more?

04/25/2013
Q. We aren’t getting volunteers to cover evening hours, so we’ve decided to rotate everyone into the evening shifts. I am hearing that we have to add a “shift differential” to those who work nights. Is this true?

Can transportation firm include class-action waivers in arbitration agreement?

04/23/2013
Q. We would like to ask all of our employees to sign arbitration agreements. However, in light of the 2011 U.S. Supreme Court decision in AT&T Mobility v. Conception, we would like these arbitration agreements to contain class-action waivers. How should we handle this process, given that we are in the transportation industry?

Does California’s human trafficking notice requirement apply to all industries?

04/23/2013
Q. Is it true that all California employers are required to post a human trafficking notice?

Unmarried employee couple is expecting: Can both take FMLA leave?

04/23/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both workers put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

Hasty retirement benefits offer may show retaliation

04/23/2013
Before offering a retirement package that’s contingent on giving up the right to sue, make sure you comply with the Older Workers Benefit Protection Act (OWBPA) requirements. That includes giving the employee time to review the agreement and talk to a lawyer.

Another reason to let managers set their own hours

04/23/2013
Here’s incentive to give managers more control over their own schedules. It could prevent one dis­­gruntled employee from turning a simple lawsuit into a class action that covers everyone else with a similar job. That might make the difference between a small verdict and a huge one.

Operate in several states? Beware arbitration pacts referencing states other than California

04/23/2013
Employers that do business in several states often have a single employee handbook covering all workers at all locations. If that de­­scribes your organization, be careful about how you handle details like arbitration agreements.