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Employment Law

Manage intermittent leave with calendar-year method

08/04/2016

Employees who take FMLA intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave.

Is that alcohol you smell on employee’s breath? What to do now

08/01/2016
When you smell alcohol on an employee, or receive reports that an employee smells of alcohol, you need to act fast to protect everyone’s safety—but not so fast that you mishandle the situation. Follow these guidelines.

New overtime rules may trigger more off-the-clock work: 5 ways to stop it

07/28/2016
With new rules set to take effect Dec. 1, some of your previously exempt employees will find themselves in unfamiliar territory: having to stop working when the clock strikes 5:00.

Sloppy language can kill your case: Ensure consistency in arbitration agreements

07/28/2016
If you use an arbitration agreement to limit litigation, have your attorney regularly review the language in the agreement. It’s the best way to avoid completely defeating the purpose of having an agreement.

Protect customer data from thieves on your staff

07/27/2016
Con artists and hackers aren’t the only threats to your customers’ credit card numbers, Social Security numbers and other financial data. It’s easy, and tempting, for employees to access customer data that you keep.

Training customers how to use business software doesn’t count as exempt work

07/26/2016
A highly compensated employee whose job duties consisted largely of training customers on how to use the software his employer sells has won a California overtime lawsuit.

Notify lawyers quickly about arbitration agreements

07/25/2016
If an employee sues, immediately let your attorney know if the employee signed an arbitration agreement.

NLRB: Temps can vote in union elections, too

07/22/2016
The NLRB is at it again, this time overturning its own previous ruling that determined which employees can vote in a union election.

EEOC settles San Jose national origin suit for $40,000

07/22/2016
East San Jose-based Peters’ Bakery has agreed to settle charges the bakery’s owner verbally abused and harassed a Latina employee because of her national origin.

Sacramento status update: Employment law legislation

07/22/2016
A bill that would make it unlawful to require military veterans to sign arbitration agreements waiving their right to sue for discrimination based on their military status (A.B. 2879) appears to have died in committee.