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Employment Law

Court: Employee must tie claims to protected status to win hostile environment case

08/21/2012
Some employees think that any unfair treatment is grounds for a lawsuit under either federal law or California’s Fair Employment and Housing Act (FEHA). Fortunately for em­­ployers, mundane workplace gripes aren’t enough to support a lawsuit.

Get expert legal advice to make sure arbitration agreements are valid and enforceable

08/21/2012
The Court of Appeal of California has upheld an arbitration agreement included in an employee handbook. The difference between this case and the arbitration case in “Don’t bury arbitration agreement in handbook”: The agreement was clear and obvious.

Feds dig for dirt on SoCal landscaper pay compliance

08/21/2012
The U.S. Department of Labor’s Wage and Hour Division is targeting Southern California’s landscape industry, looking for contractors and subcontractors that pay workers less than minimum wage.

Poor economy dictates downsizing? You can fire employee who takes pregnancy leave

08/21/2012
Employers experiencing economic difficulties can cut positions if need be and not worry that it cost the job of an employee who was out on maternity leave. But beware! If the decision to cut the employee was based on her having taken leave, she can sue.

Don’t bury arbitration agreement in handbook

08/21/2012
The Court of Appeal of California has ruled that an arbitration agreement hidden deep in the recesses of an employee handbook can’t be en­­forced. The provision didn’t stand out, didn’t require a signature and could be changed by the employer at any time. The court said that rendered it unconscionable.

ADA doesn’t require commute-friendly transfer

08/21/2012
Disabled employees may ask for a transfer to a job closer to home to ease a difficult commute, but the ADA doesn’t obligate employers to help.

What is the NLRB doing with at-will status?

08/21/2012
Q. Could you explain the National Labor Rela­tions Board’s recent challenges to at-will employment policies?

Northbrook union trustees to fix bad loans worth $1.7 million

08/21/2012
Following an investigation by the U.S. Department of Labor’s Em­­ployee Ben­­­efits Security Administration (EBSA), trustees for the United Em­­ployee Benefit Fund in North­­brook have agreed to correct $1.7 million in improper loans made from the union retirement fund.

OSHA won’t let Illinois whistle-blowers be railroaded

08/21/2012
Three whistle-blowers will collect more than $650,000 after two different railroads fired them following workplace accidents. OSHA concluded the three men were wrongfully accused of safety violations to divert blame for workplace hazards.

Employee files FMLA suit? Be sure to check calendar

08/21/2012
Employees have no more than three years following an alleged FMLA violation to file an FMLA-interference lawsuit. And that’s only if the employer’s violation was “willful.” In most cases, they have just two years to get that lawsuit going.