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Employment Law

Beware body language discouraging FMLA

08/02/2017
Sometimes, a boss can cause big legal trouble without even saying a word. A sigh or negative look can be enough if the worker on the receiving end perceives the behavior as disapproval.

What’s the problem with checking social media accounts of applicants and employees?

08/02/2017
Q. I would like to ensure that all of the individuals working for us do not engage in morally questionable behavior. Since many people show their true selves on social media, not at work, can I check the social media profiles of applicants and employees?

DOL announces initiative to combat visa fraud

08/02/2017
Following a review of existing worker visa programs, Labor Secretary Alex Acosta has announced a push to combat visa fraud. He said the effort was intended to “increase protections of American workers,” while confronting employers that engage in visa fraud and abuse.

California’s FEHC proposes regulations on national-origin bias

08/02/2017
California’s Fair Employment and Housing Council has proposed new regulations that seek to expand and clarify the definition of national origin discrimination.

Being annoyed at work is no excuse to sue

08/02/2017
A federal appeals court has refused to reinstate a lawsuit based almost exclusively on complaints about common workplace annoyances.

9th Circuit: ADEA applies to all governmental agencies, even small ones

08/02/2017
This conclusion is the opposite of that reached by four other circuits. Governmental entities with fewer than 20 employees in the 9th Circuit should seek legal advice to ensure they understand their ADEA obligations.

Transfer can amount to adverse action–but it better be a long way away

08/02/2017
Under some circumstances, making an employee move to a different job location can be viewed as an adverse employment action. However, minor inconveniences don’t cut it.

Employer–not disabled employee–gets to choose the reasonable accommodation

08/02/2017
When an employer offers a legitimately reasonable accommodations for a disabled employee, it has fulfilled its obligation under the law. It doesn’t matter if the employee wanted some other accommodation or wasn’t happy with the level of employer/employee interaction used to arrive at the accommodation.

House bill introduced to clarify joint-employer relationships

08/01/2017
The contentious issue of joint employment—in which two or more entities may be considered equally liable for employment law and labor law violations—will gain some clarity if bipartisan legislation introduced in the House of Representatives July 27 is enacted.

Court: ACA complaint can trigger retaliation claim

08/01/2017
Love it or hate it, the Affordable Care Act remains the law of the land. That means, after months of futile legislating on Capitol Hill, important health insurance decisions will be made by courts, not Congress.