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Employment Law

Do former employees have the right to demand copies of their personnel files?

07/24/2012

Q. We recently fired an employee who worked in our office. Several weeks later, our HR department received a phone call from the man demanding a copy of his personnel file. Are we required to send him a copy?

Analysis: Supreme Court’s landmark health care reform decision

07/24/2012
On June 28, the U.S. Supreme Court upheld the Afford­­able Care Act. But the decision does not mean that the validity of the ACA is settled once and for all. Future legal challenges, and, of course, the November elections, may determine the law’s ultimate fate, but for now, prudence is the wisest course of action. Employers should proceed as if the law is constitutional.

Chapman U. sex bias settlement pays, promotes

07/24/2012
An assistant professor at Chapman University will receive $175,000 and a promotion as part of a settlement in a sex discrimination lawsuit filed against the Orange County institution.

Wet Seal faces class action after smoking-gun email

07/24/2012
Foothill Ranch-based fashion retailer Wet Seal faces a class-action lawsuit from black current and former employees who allege an internal email complained that the company had too many black workers.

No pay? No doubt you will face a lawsuit!

07/24/2012
Never skip a payday. That’s just asking to be sued, as the following case shows.

Hey, we just wanted the lease, not the legal bills!

07/24/2012
Sunset Car Wash had no idea it was about to be cleaned out when it took over the lease from Auto Spa Express. A court has ruled Sunset must pay back wages and penalties owed to Auto Spa’s former em­­ployees.

Endless arbitration case goes another round

07/24/2012

Some employers favor arbitration agreements as a way to cut down on expensive and time-consuming litigation and avoid rogue juries that often sympathize more with workers than big, bad employers. But the reality is that arbitration agreements often cause more litigation, not less.

Be prepared to explain business case for RIF

07/24/2012

Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off employees’ attorneys routinely do that math. But employers can beat such statistical arguments by showing that their decision-making processes weren’t based on age, but on other legitimate business reasons.

Use 4 strategies to certify and control intermittent leave

07/24/2012
Managing FMLA intermittent leave can be vexing, but employers do have some tools to combat leave abuse. One of the most important is FMLA certification. Here are four tips on certifying FMLA intermittent leave requests:

Does sharing employees equal sharing overtime liability?

07/19/2012
Q: A client has two stores that are separate franchises. Both stores share employees, including the store manager. How can we calculate overtime when an employee works at both stores, and how do we allocate those hours between the stores?