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Employment Law

Strict noncompete agreement? Don’t expect it to stick

09/21/2012
Here’s a warning if you use so-called noncompete agreements in your employment contracts: California courts generally don’t like them and are often quite hesitant to enforce them.

Injury while commuting to swapped shift? That doesn’t warrant workers’ comp

09/21/2012
Good news after a potentially expansive decision on liability for commute-time accidents: The Court of Appeal of California has overturned a workers’ compensation award to an employee who was in an accident on his way to work a swapped shift.

Making economic argument for staff cuts? Better make sure the math adds up

09/21/2012
Here’s something for small business owners to consider when purporting to terminate an employee for financial reasons. If the owner spends lavishly elsewhere, that may be evidence that money was just an excuse for a discriminatory termination.

Bullet-proof your promotions process

09/21/2012

Your best defense to a failure-to-promote claim is proof that you posted the job but the employee never applied. But how do you prove that? With a policy that requires posting all internal openings and also requires employees to express their interest by actually applying …

Señor Fish on the hook for underpaying hourly wages

09/21/2012
Los Angeles-area restaurant chain Señor Fish has agreed to a settle a Fair Labor Standards Act lawsuit with the DOL. An investigation by the department’s Wage and Hour Division revealed the taquería business paid its employees “straight time” for all hours worked …

It’s all hilarious … until someone sues

09/21/2012
You know the gags: Post-it notes labeling everything in Greg’s cubicle. Duct-taping Stacey’s office door. Photoshopping Dave’s picture on a photo of a Sumo wrestler. But what should you do when the jokes go too far?

Are we allowed to fire a mentally ill employee who makes threats?

09/20/2012

Q. On three occasions, an employee threatened colleagues with physical violence. After the last incident, she explained to her manager that she is bipolar and going through a prescription change. She said she was unaware of making threats, was truly sorry and never meant any harm to anyone. Do we have to tolerate this behavior now that we know she may be disabled?

Can we insist that doctors’ notes include a diagnosis of an employee’s medical condition?

09/20/2012

Q. May we ask for a diagnosis when an employee ­requests a few days of sick leave? Or must we ­accept any doctor’s note without any explanation?

New Illinois law bars employer access to social media accounts

09/20/2012
Some employers have recently begun to require employees and applicants to provide their passwords or otherwise allow access to their social media accounts. The Illinois Legislature has now put a stop to that practice.

Federal courts take a second swing at Prospect

09/20/2012
A federal judge has ordered Chicago-based Prospect Airport Services to implement an anti-harassment program after determining that the company ignored previous court orders issued after it settled an EEOC harassment suit in 2010.