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Employment Law

Must we grant time off for rehab?

09/16/2011
Q. An employee recently confided to us that he has a drug problem and would like to take several weeks off to check into a rehabilitation program. May we deny his request?

Does the FCRA cover private eyes looking into workers’ comp fraud?

09/16/2011
Q. We suspect that one of our employees has filed a fraudulent workers’ compensation claim. We would like to hire a private investigator to gather information on his activities. By doing so, are we subject to the requirements of the Fair Credit Reporting Act?

NLRB issues final employee rights posting rule

09/16/2011

The National Labor Relations Board has announced its final rule on Notification of Employee Rights under the National Labor Rela­­tions Act. The proposed rule had been pending since December of last year. Now that it is final, employers have until Nov. 14 to put up an official poster stating that employees have a right to form or join a union.

Appeals court sends card check case to arbitration

09/16/2011
The 9th Circuit Court of Appeals has sent to arbitration a labor/management dispute over union representation following several lawsuits that accused employers of acting in bad faith by refusing to accept the union as em­­ployees’ bargaining representative.

ADA accommodations aren’t always possible

09/16/2011
Sometimes, employers have to stand their ground and refuse to try an un­­workable accommodation.

It follows California contract law: Employees have 4 years to sue for ERISA benefits

09/16/2011
The 9th Circuit Court of Appeals has ruled that former employees who believe they are missing out on ERISA-protected benefits have four years to sue for those benefits after their request is formally denied.

Understand CFRA leave limits: Employees’ reinstatement rights last just 12 weeks

09/16/2011
The Court of Appeal of California has clarified that employees taking California Family Rights Act leave are entitled to reinstatement to the same or an equivalent job only if they return at the end of their 12 weeks of leave or earlier. They can’t take additional non-CFRA leave to ex­­­tend their return rights.

‘At-will’ in peril: Warn managers to never use ‘permanent’ when describing jobs

09/16/2011

Remind managers and supervisors involved in the hiring process never to use the term “permanent” when discussing a job. Doing so may give employees ammunition should they later claim they are not at-will workers. Best practice: Have employees sign an acknowledgment that their em­­ployment is at-will.

When executive wants to ease into retirement, can we insist on a ‘retirement contract’?

09/16/2011
Q. An executive wants to retire in one year and gradually reduce her schedule until then. Our business needs don’t allow us to have this executive role be part-time on a long-term basis. Can we approve this request on the condition that the executive sign an agreement binding her to retire within one year?

7 steps to help prevent and address workplace bullying

09/16/2011
We all knew schoolyard bullies, and, if we were lucky, they left us alone. Sadly, research indicates many workers are targets of “workyard” bullies. And workplace bullying comes with significant costs.