• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Employer’s win in court shows peril of ignoring harassment

07/22/2011

It is generally agreed that anti-discrimination laws don’t create a general code requiring workplace civility. Harassment lawsuits won’t normally fly unless the abuse is objectively and subjectively severe or pervasive enough to alter the terms and conditions of one’s employment. A recent case, Williams v. CSX Transp. Co., illustrates these principles in action.

Choose the best approach to protect your trade secrets

07/22/2011
Every organization wants to safeguard trade secrets and proprietary information. It’s your responsibility to make sure employees know that you expect them to do their part by not divulging your intellectual capital. It’s also important to make sure employees don’t take trade secrets with them if they go to work for a competitor.

Must we accommodate this employee’s beliefs? She says witchcraft is her religion!

07/19/2011
Q. We have an employee who claims to be a witch. She contends that witchcraft is her religion and has asked for time off on certain “holidays.” Are we required to accommodate this employee’s request?

It’s an emergency! Can we fire worker whose volunteer firefighting duties cause absences?

07/19/2011
Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him on this basis?

Can we offer pizza instead of pay when employees must work through lunch?

07/19/2011
Q. Occasionally, when we receive a big order, our nonexempt employees are required to work through their lunch break. Although we do not pay them overtime for this work, we buy pizzas and sodas for all the affected workers. Is this lawful?

State pay law now covers out-of-state employees working in California

07/19/2011

A unanimous California Supreme Court has ruled that California-based employers must pay out-of-state resident employees based on the provisions of the California Labor Code, even if those employees only visit the state on a limited, temporary basis. The decision is worrisome for multi­state employers because it may open the door for more employee lawsuits seeking the generous protections offered by California law.

Union, hospital settle case based on ‘dirty linen’ accusations

07/19/2011
Six years of litigation came to an end when the union UNITE HERE and Sutter Health settled charges of defamation, trade libel and intentional interference with prospective economic relations. Sutter Health had accused the union of sending postcards to potential patients calling into question the cleanliness of the hospital chain’s linens.

Locked-out Salinas hospital employees return to work

07/19/2011
More than 100 hospital workers have returned to work following a strike that prompted the Salinas Valley Me­morial Healthcare System (SVMHS) to lock them out for two days.

ERISA lawsuits not limited to plan administrators

07/19/2011
The 9th Circuit Court of Appeals has clarified who can sue for unpaid benefits under the Employee Retirement Income Security Act.

Ignoring EEOC information request won’t make it go away

07/19/2011
It can seem like a waste of time to re­­­spond to a request for information about alleged discrimination if you know your company did nothing wrong. But it’s never a good idea to ignore an EEOC information request.