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Employment Law

Public employee can’t refuse due-process hearing and sue

10/27/2012
Here’s encouraging news for public employers: A fired employee can’t sue for deprivation of due process if she refuses to participate when the employer offers a due-process hearing.

ADA warning for bosses: You’re not qualified to diagnose employees’ mental illness

10/27/2012
The ADA protects employees with mental health problems from discrimination. That makes it dangerous for managers to engage in armchair psychology.

Court: FMLA may cover not-yet-eligible employees

10/27/2012
A federal court has rejected Hersha Hospitality Management’s request to toss out an FMLA interference lawsuit filed by an employee who had only worked for the Harrisburg company for 10 months when she was fired.

Beware bias peril built into applicant tests

10/27/2012
Do you use off-the-shelf pre-employment tests to screen applicants? Watch out! You could be setting yourself up for years of litigation if a disappointed applicant sues, alleging some form of discrimination.

Use hotline records to nail down complaints

10/27/2012
A hotline makes it easy for employees to file complaints internally—and for you to keep track of the kinds of complaints they are making. That can come in handy later if there’s a dispute about when or about what an employee complained.

Already know employee’s diagnosis? Worker must still give details to earn FMLA

10/25/2012
If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.

Reality–not labels–determines workers’ status

10/23/2012

If you classify any workers as independent contractors, now’s a good time to make sure you get those classifications right. The IRS and the DOL last year launched a massive “Misclassification Initiative” to identify employers that are labeling employees incorrectly as independent contractors to save on taxes.

Last-chance agreement can head off discrimination suit

10/22/2012
An employee you’re about to fire says he’s being discriminated against. If you think he’ll sue if you terminate him, consider offering him a last-chance agreement—all he has to do is promise not to sue for discrimination.

What are California’s requirements for providing sexual harassment training?

10/22/2012

Q. We know that we are required to conduct sexual harassment training for our employees. But we’re not sure which of our employees we are required to train and what formats we can use to provide the training.

California enacts important new employment law legislation

10/22/2012
The 2012 session of the California Legislature resulted in passage and enactment of several important employment law bills, including inspection of personnel files, workers’ comp and religious dress and grooming.