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Employment Law

How to handle partial-day absences under FMLA

06/25/2012

Sometimes, an employee needs just a few hours of FMLA leave to make a doctor’s appointment or to drive a relative to treatment. What if the employee wants to take the whole day off? Does the FMLA re­­quire you to extend the extra time?

Can you explain California’s alphabet soup of paid family leave laws?

06/20/2012
Q. What are the differences between FMLA leave, CFRA leave and PFL?

How far must we go to accommodate employees’ unusual religious beliefs?

06/20/2012
Q. We have an employee who claims to be a witch. She contends that witchcraft is her religion and has asked for certain holidays off. Are we required to accommodate this employee’s request?

When computing employee pay, are we allowed to round off employee working hours?

06/20/2012
Q. My company uses a time clock to track the hours of nonexempt employees. When we determine the wages to be paid to employees, can we round up or down to the nearest five-minute increment?

Court strikes down embattled NLRB’s ‘ambush election’ rule

06/20/2012

In recent months, the National Labor Relations Board has been busy. So have courts that oversee its activities. Two courts handed down employer-friendly decisions invalidating or at least delaying the implementation of new rules instituted by the NLRB.

Overtime violations cost Downey nursing firm $654,082

06/20/2012
A lawsuit prompted by a DOL investigation has resulted in a court order requiring Extended Health Care Inc. of Downey to pay $654,082 to 108 nurses who alleged they missed out on overtime pay in violation of the Fair Labor Standards Act.

Security firm lets down guard on San Jose harassment

06/20/2012
Guardsmark Security will pay $25,000 to settle a national-origin and age-­harassment complaint filed by an employee working in San Jose.

Patient advocacy can’t be basis for CBPC lawsuit

06/20/2012
A federal court has refused to open up yet another avenue for employees who want to directly sue their em­­ployers.

Shuttering related business won’t stop union organizing

06/20/2012
Think twice before shutting down one of several related businesses just to stop the spread of pro-union sentiment. It’s likely to prompt a lawsuit, and a court may well take organized labor’s side.

Public employer? Beware retaliation against employee who testifies in civil rights case

06/20/2012
Ordinarily, civil servants have qualified immunity for actions arising from their official duties as government workers. But punishing a subordinate for testifying in a civil rights lawsuit clearly destroys that immunity.