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Employment Law

Consider more time off as reasonable accommodation

01/20/2012
Sometimes, employees develop medical problems and use up their available leave under the FMLA or other leave programs before they get a definitive diagnosis. Think about offering them additional time off.

Arbitration agreement buried in job application? Have your attorney review it ASAP

01/20/2012
Do you include an arbitration agreement in your employment applications? If so, it may not be enforceable, according to a recent decision by the Court of Appeal of California.

Boss recommends firing minority worker? Check the record for hidden supervisor bias

01/20/2012
Some supervisors may be secretly biased against members of a particular protected class—something that may be hard to tell until it’s too late. And if a bigoted boss decides to get rid of a subordinate by telling HR the employee is a poor per­­former, rubber-stamping that decision can mean losing a discrimination lawsuit.

Take 10: How to handle the California Labor Code mandate to provide midshift breaks

01/20/2012
California’s Labor Code requires employers to give covered em­­ployees a 10-minute break or rest period during each four-hour work period. Many em­­ployers have wondered how far they have to go to make sure employees take their breaks …

Immunize hiring processes against bias suits

01/20/2012
With so many qualified people applying for jobs these days, it’s much harder for unsuccessful candidates to win hiring discrimination lawsuits. That’s because em­­ployers choosing the best candidate often zero in on one bit of experience or a skill that stands out from other applicants. It’s hard to argue that that’s discrimination.

Set formal schedule for off-hours meetings

01/20/2012
California employees who report to work and then are sent home are generally entitled to at least a partial payment for that day. If you regularly have mandatory workplace meetings that fall outside some employees’ regular workday, consider scheduling those meetings for a specific time period. As the following case shows, that could save some money.

FMLA: Flare-ups every Friday? Check it out

01/20/2012
While employees with chronic medical conditions are typically entitled to FMLA leave, such intermittent absences are fertile ground for abuse. After all, an employee on intermittent leave can simply call in and say his condition is acting up. But that doesn’t mean you’re powerless if you suspect abuse.

IRS clarifies fine points of VCSP classification initiative

01/20/2012
Under the IRS’ Voluntary Classification Settlement Program (VCSP), you may change workers’ status from independent contractors to employees for future years. One major concern with VCSP has been potential liability for reclassified workers under the FLSA or state wage payment laws.

Labor pains: NLRB keeps turning out anti-business hits

01/20/2012
The National Labor Relations Board is continuing its string of pro-union actions: 1. Arbitration agreements can’t ban class-action lawsuits. 2. New rules will speed up union elections. 3. Poster requirement delayed to April 30. 4. NLRB makes controversial recess appointments.

Gospel truth: You must accommodate employees’ religious needs

01/18/2012
Charges of religious discrimination filed with the EEOC have increased steadily in recent years. One recent case provides a powerful reminder that employers are obligated to reasonably accommodate an employee’s religious beliefs and practices.