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Employment Law

Beware oral contracts on top of written ones

11/01/2017
Think a simple written employment contract precludes other oral contracts? Think again. It is quite possible in California for an employee to win an oral contract claim despite an apparent written contractual agreement that seems to preclude just that, as a recent case shows.

Health care employers: On immunization, balance patient safety, employee rights

10/31/2017
Many health care workers regularly deal with patients whose immune systems are compromised and who could suffer catastrophic consequences if exposed to an otherwise mild illness. What’s such an employer to do if a worker refuses to get an appropriate shot?

40% of LGBT employees report workplace bullying

10/31/2017
Forty percent of lesbian, gay, bisexual and transgender workers report feeling bullied at work, 11 percentage points higher than the national average for workers in general.

FedEx exec tapped to lead OSHA

10/31/2017
President Trump has nominated Scott Mugno to become Assistant Secretary of Labor in charge of the Occupational Safety and Health Administration.

DOL appeals ruling that killed higher overtime salary threshold

10/31/2017
The Department of Labor has filed an appeal of a federal judge’s decision that blocked the Obama administration’s bid to raise the overtime salary threshold for white-collar workers.

ICE could quintuple worksite enforcement

10/31/2017
Immigration and Customs Enforcement will “significantly increase” the number of inspections in worksite operations, according to acting ICE Director Tom Homan.

Never tie FMLA leave to employee’s performance

10/27/2017
When preparing a performance review, remind supervisors that they should never mention FMLA leave or appear to use it as a factor in the evaluation. That can lead to a big jury award later if the review is used to justify termination—even during a reduction in force.

100% healed back-to-work rule could backfire

10/26/2017
Do you have a companywide policy that requires all workers who are out on leave to get a doctor’s certification that they are completely healed before they can return to work? Such a rule may run afoul of the ADA.

Fingerprint time tracking? Check state law

10/26/2017
In recent years, employers have seized on biometric technologies such as fingerprint scanning as a way to control time-clock abuse. But before you rush out to buy the latest in technology, be sure to check with your attorney or your state labor department.

Feel free to terminate if you find wrongdoing while employee is out on FMLA leave

10/25/2017
Employees out on FMLA leave don’t enjoy more job protection than employees who don’t take leave. As long as an employer doesn’t terminate because an employee took FMLA leave, it’s perfectly lawful to fire someone during leave.