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Employment Law

Brown nixes ‘card check’ union elections for farm workers

07/19/2011
Gov. Jerry Brown has vetoed a bill that would have given farm workers the option of using a “card check” election instead of secret ballots to choose union representation. In his veto message, Brown said he “appreciates the frustrations” of farm workers who try to unionize. However, he said the bill would have required restructuring “California’s carefully crafted agricultural labor law.”

No lunch, no break? You owe for 2 more hours

07/19/2011
The Court of Appeal of California has finally clarified how much em­­ployers owe employees who don’t get their required meal and other breaks. The penalty is two hours of pay per day if workers missed both types of breaks.

Classifying employees? Examine specific tasks

07/19/2011

Courts are becoming more reluctant to authorize massive class-action lawsuits. Example: A federal court has ruled that assistant restaurant managers who believe they were misclassified must bring individual lawsuits. They can’t proceed as a class. The practical impact: Most likely, lower damages.

Late W-2c forms are now twice as costly

07/19/2011
The 2010 Small Business Jobs Act doubles the penalty—now $100, up from $50—for each missing or incorrect 2010 Form W-2 that is filed or corrected after Aug. 1, 2011.

When accused harasser says he was harassed, weigh everyone’s credibility–and motive for lying

07/15/2011

It can and does happen when an employee complains that she has been sexually harassed: In the course of the ensuing internal investigation, the alleged harasser says that, in fact, he was harassed—and the alleged victim was the real harasser. What should you do?

Are we obligated to comply? Employee’s doctor ordered an ergonomic study

07/13/2011
Q. One of our employees tripped and fell at work. Days later, he came in with a doctor’s note ordering light-duty restrictions. The doctor’s note also ordered an “ergonomic workstation study” to be done by the employer. Is this something we are obligated to do?

Out of FMLA leave–and out of luck?

07/13/2011
Q. One of our employees has a recurring illness that flares up every so often. By taking a few weeks off here and there, he has used all of his paid time off (PTO) and exhausted his FMLA leave. If he has another flare-up, do we have to permit him to take time off even though it would be more than the FMLA requires or our policies allow?

New FLSA regs mean it’s time to review wage-and-hour practices

07/13/2011

New regulations implementing the FLSA are now in effect, and they mark a significant change in federal wage-and-hour rules—and how the DOL enforces them. The new regulations were created to make FLSA regulations consistent with changes driven by other applicable federal laws. Be mindful of these new regulations and the additional burdens they impose.

Roofing firm agrees to settle over racist remarks

07/13/2011
Detroit Lakes-based Herzog Roofing has agreed to pay $71,500 to settle a racial harassment charge filed by former employees. The money will be split among seven blacks, Hispanics and Native Americans who alleged they were subjected to racial epithets, racist jokes and other forms of workplace bias.

Firing those with obsolete skills isn’t age bias

07/13/2011
In today’s tough economy, it’s sometimes necessary to terminate em­­ployees. That may be especially true when new technology makes it easier to perform some tasks, reducing the need for employees.