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Employment Law

Retaliation ruling could cost Contra Costa County $1 million

02/24/2009

A government employee has won a jury trial against Contra Costa County, and the verdict may cost the county more than $1 million.

Reality TV employees settle wage-and-hour disputes

02/24/2009

Workers who alleged they had to endure marathon schedules while working on reality television shows such as “Trading Spouses” and “The Bachelor” have agreed to settle their lawsuits …

Rules for tough times: California’s Baby WARN Act and layoffs

02/24/2009

The downturn has hit California hard. Many stable California employers find themselves for the first time contemplating reductions in force in order to survive. If you’re considering a large-scale layoff, be prepared to familiarize yourself with California’s version of the federal Worker Adjustment and Retraining Notification (WARN) Act.

What should we do about a disgruntled worker who disparages us on the web?

02/24/2009

Q. One of my employees has created his own web site. Recently, he has been posting negative comments about our company. Specifically, he has accused the company of failing to provide adequate benefits and paying below-market wages. Can we fire the worker for this conduct?

Should we offer reasonable accommodations even if our employee hasn’t asked?

02/24/2009

Q. One of our employees is experiencing performance-related problems that I believe are attributable to a mental disability. However, the worker has not notified the company that he suffers from an impairment that may be a covered “disability” under state or federal laws. Nor has he asked for any accommodations. Should we nonetheless offer to reasonably accommodate this employee?

Can we hire only ‘careful’ workers to reduce our workers’ comp costs?

02/24/2009

Q. Several recent hires have suffered work-related injuries shortly after beginning their employment. As a result, our workers’ compensation premiums have soared. The company’s CEO, in an effort to avoid this problem, has directed that only “careful” workers be hired in the future. Is this legal?

No need to accommodate shorter commute

02/24/2009

Employers have to make reasonable accommodations for employees or applicants who have disabilities—and those accommodations may include assignment to an open position. But if the underlying reason for an employee’s request to transfer to an open position is that a medical provider recommended a shorter commute, you don’t have to make the accommodation.

Don’t count on missed EEOC filing to end case

02/24/2009

Timing is everything in discrimination suits. Ever since the U.S. Supreme Court decided in 2008 that an employee could effectively file a discrimination complaint simply by completing an EEOC intake document, employers have learned they can’t rely on the date stamped on the actual EEOC complaint form as the official deadline date.

Jersey City Rastafarian shaves $10,000 off UPS

02/24/2009

A federal jury in Trenton has awarded $10,000 to a man denied a job at UPS because he refused to shave off his one-inch beard. Roniss Mason of Jersey City claimed shaving violated his Rastafarian religious beliefs and filed a complaint with the EEOC.

Remind management: Don’t consider temporary medical problems when making layoff decisions

02/24/2009

When planning a reduction in force, it’s natural to decide who should stay and who should go by ranking employees based on the skills you’ll need after downsizing. Before managers start ranking employees, make sure they understand not to use temporary medical problems and their consequences as a reason for deciding to terminate an employee.