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Employment Law

Is that retaliation or a legitimate business decision?

11/29/2017

Employees are protected from retaliation for complaining internally about alleged discrimination. Some workers seem to think that means they can never be criticized or have their working conditions change. Fortunately, that’s not true.

Court says clicking online button makes arbitration agreement binding

11/29/2017

A federal court considering California contract law has ruled that an arbitration agreement presented in an online click-through form is contractually valid.

Are brutal hours really essential to the job? Failure-to-accommodate suit could test that

11/29/2017

In many organizations, it’s expected that exempt employees will routinely have to work more than the standard 40-hour workweek. What happens if an employee who has previously worked those long hours suddenly becomes disabled and can no longer put in 10 or 12 hours per day?

‘Boss-ectomy’ not what FEHA doctor ordered

11/29/2017

Under the California Fair Employment and Housing Act, employees who say they can’t work under a particular supervisor are not deemed to be disabled. Therefore, they aren’t entitled to any accommodation.

California expands requirements for anti-harassment training

11/29/2017

In October, Gov. Jerry Brown signed Senate Bill 396 into law, expanding the subjects that must be covered in California’s mandatory sexual harassment training for supervisors.

Ensure telecommuting rules don’t discriminate

11/28/2017

If you let some employees work from home, allow it for everyone in the same position, under the same terms and conditions. Otherwise, you may find yourself facing a discrimination claim—unless you have concrete, work-related reasons for excluding some employees.

35% of women have been sexually harassed at work

11/28/2017

More than one in three American women—35%—say they have been sexually harassed at work, according to a new survey conducted by Marist University for NPR and PBS.

Document all performance review details: Who, why, how much and, especially, when

11/27/2017

It’s not unusual for a disappointed employee to immediately allege some form of discrimination or bring up past discrimination complaints and claim the poor review was retaliation. Smart employers know how to protect against this sort of lawsuit.

Make sure records show consistent discipline

11/27/2017

If an employee breaks your work rules, you should absolutely discipline him. However, make sure that discipline matches punishment you have dished out to other employees for similar infractions—and that you have records to back up your defense.

Labor Dept. aggressively pursuing back pay

11/27/2017

The Department of Labor under Secretary Alex Acosta is aggressively trying to recover back pay for workers who claim they’re being stiffed by employers that violate the Fair Labor Standards Act.