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Employment Law

Better treatment after claim? That’s hardly punishment

10/25/2011

Employees who complain about har­­assment are protected from retaliation. It follows that if the employee is promoted and gets a raise, he can’t argue that he was punished. One employee’s case before the 9th Circuit Court failed because his employer treated him well after he complained.

Be prepared to show you used due diligence to prevent on-the-job subcontractor injuries

10/25/2011
Here’s an important note for companies that use subcontractors to carry out work. The state Division of Occupational Safety and Health can cite your company for on-the-job injuries if it appears you were a controlling employer.

Good news: Court rules employee suit frivolous–Bad news: You probably won’t recover legal fees

10/25/2011
When an employer loses a discrimination or other job-related lawsuit, the employee who sued typically recovers attorneys’ fees in addition to any lost pay or other damages. The same isn’t true if the employee loses.

Fresno laser clinic sees light on harassment

10/25/2011

Employers don’t just have to protect employees from harassment by co-workers and supervisors. They’re also responsible for keeping employees safe from others they must interact with on the job. American Laser Centers, the largest laser hair removal company in the U.S., found that out the hard way.

Absolute ban on all who fail drug test upheld

10/25/2011
The 9th Circuit Court of Appeals has refused to reinstate a lawsuit based on a “one strike, you’re out” drug testing policy.

Fixing misclassification? Pay the right amount

10/25/2011

Sometimes, it becomes clear that an employee has been misclassified as exempt when she should really be an hourly employee. Employers that want to fix the situation can do so and avoid a lawsuit by offering the employee double her lost overtime pay, plus interest going back either two or three years depending on how the mistake happened.

Warn bosses: Never describe job as ‘permanent’

10/25/2011
Supervisors sometimes make the mistake—often during the hiring process or after employees pass a 60-day post-hire period—of using the term “permanent” when discussing their jobs. That essentially promises the person a job for life and it can destroy their at-will status.

HR ethics on trial: Whose side are you on?

10/24/2011

Sometimes, HR pros go to bat for em­­ployees when they think the company is overstepping its legal bounda­ries or generally not doing “the right thing” for the worker. But what happens when HR sticks its neck out and, in turn, gets it chopped off?

Worried your contractors are really employees?

10/21/2011
The IRS’ new Voluntary Classification Settlement Program is designed to encourage employers to vol­­untarily reclassify workers as employees if they aren’t legitimate independent con­­tractors. Your incentive to come clean: none of the usual misclassification fines and penalties.

What’s the background on the NLRB’s rule requiring a new union-rights poster?

10/18/2011
Q. What is the new National Labor Relations Board (NLRB) rule regarding notifying employees of their rights under the National Labor Relations Act?