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Employment Law

Always record the date when you made a decision to fire

12/04/2018
Do you note the date and time of every termination decision? If not, you should.

Equal Pay Act: Better explain any unequal pay

12/04/2018
Watch out when offering a new hire more money than someone currently holding the same job. If the incumbent is of the opposite sex, you had better have solid documentation explaining exactly why the newcomer deserved more money.

Yes, minorities are capable of discrimination

12/04/2018
Discrimination isn’t always about a majority group disfavoring a member of a minority group. Sometimes, that scenario is reversed. And other times, one minority member may favor members of her own minority over another minority.

Cuellar’s aide claims she was fired for being pregnant

12/04/2018
A former aide to Texas Rep. Henry Cuellar claims the congressman violated the Pregnancy Discrimination Act when he terminated her during the third trimester of her pregnancy.

You must stop harassment by customers, too

11/29/2018
The EEOC doesn’t hesitate to file lawsuits when it discovers employers haven’t intervened to stop customer harassment or done enough to prevent it in the first place. It consistently wins those suits, too.

LGBT employee rights in transition as courts weigh in on bias

11/28/2018
Ensuring anti-discrimination protection under Title VII of the Civil Rights Act of 1964 for lesbian, bisexual, gay and transgender employees remains a strategic priority for the EEOC.

Court loses patience with pro-se litigants’ appeal

11/28/2018
When workers try to sue their employers and can’t find an attorney, courts will look at their financial status and sometimes conclude that they shouldn’t have to pay filing fees and other court costs. This can mean that a seemingly frivolous case goes on for a long time.

California courts can modify arbitration agreements

11/28/2018
In certain arbitration agreements, employees cannot waive the right to collect attorneys’ fees if they prevail. But including such a waiver in the agreement doesn’t necessarily doom it.

ADA: Document every step of the interactive accommodations process

11/28/2018
If you ultimately turn down a request to accommodate, the worker may sue. And that’s when you will need good records to prove you really did act in good faith by engaging in the interactive process.

California courts take a hard line on independent contractor classification

11/28/2018
Two recent California court decisions have made it much harder for California businesses to establish that workers are independent contractors rather than employees.