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Employment Law

Can we refuse to reinstate an employee who has been out on CFRA leave?

03/01/2008
Q. Under what circumstances can we deny reinstatement to an employee who has been out on leave under the California Family Rights Act?

Are there California laws analogous to the Genetic Information Nondiscrimination Act?

03/01/2008
Q. I know that as an employer, I have to abide by GINA and not discriminate based on genetic information. But are there any state statutes addressing this matter?

Save big bucks: Consult Labor Dept. before denying overtime

03/01/2008
Violate the Fair Labor Standards Act at your peril. If you incorrectly classify an employee as exempt and refuse to pay overtime, you face a possible three-year willful violation statute of limitations—plus the possibility a court will double what you owe. Before you decide an employee is exempt, consult the U.S. Labor Department or a qualified employment law attorney …

Ensure your harassment policy includes requirement to promptly report violations

03/01/2008
Does your company’s sexual harassment policy include a provision that tells employees they must promptly report alleged sexual harassment? If it doesn’t, consider adding such a clause. The wording may help if an employee waits to report that her supervisor was allegedly harassing her …

Making exceptions to the rule can turn the exception into the rule

03/01/2008
Organizations create rules for a reason—mainly to ensure order and fairness. So when a manager or supervisor bends the rules just for some people, he or she may be setting up the organization for a lawsuit. Essentially, the exceptions become the rule, and employees who don’t benefit may sue, alleging discrimination based on a protected characteristic …

AT&T and BellSouth face back-Wage suit

03/01/2008

AT&T Corp. and BellSouth Corp., based in Atlanta, have been hit with a class-action unpaid wage and overtime lawsuit in U.S. District Court, Northern District. The lawsuit seeks back wages for time worked before and after shifts and during meals and rest breaks on behalf of employees in call centers in several states …

Cobb megachurch leader surrenders to authorities

03/01/2008
Archbishop Earl Paulk, longtime pastor of the Cathedral of the Holy Spirit at Chapel Hill Harvester Church, in January pleaded guilty to felony perjury in a case that stems from a lawsuit by a former church employee, who alleged the minister manipulated her into an affair …

Must arbitration agreements be initialed by employer and employee?

03/01/2008
Q. My company implemented an employment arbitration program several years ago, applicable to employees in all states, including Georgia. I recently have been told that Georgia law has special employment arbitration rules requiring that both the employer and the employee initial arbitration agreements in order to be enforceable. Is this true? We don’t do this …

Study: Big increase in wage-Related lawsuits in ’07

03/01/2008
Fair Labor Standards Act lawsuits outnumbered cases relating to employment discrimination and the Employee Retirement Income Security Act in 2007, and the trend will likely continue in 2008, according to an annual study by the law firm Seyfarth Shaw LLP …

IBM fixes overtime problem … with a pay cut

03/01/2008
For years, IBM Corp. was haunted by a big overtime lawsuit filed by its highly compensated technical-support employees.  Now, nearly two years later, IBM has reclassified 7,600 technical-support employees, making them eligible for overtime. But the company also reduced their base pay by about 15% …