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Employment Law

Be prepared to show business necessity if ­hiring rule excludes members of protected class

10/26/2011

Hiring rules that end up excluding many applicants who belong to a protected class can spell big trou­ble. That’s because if the rule has a disparate impact on any particular protected class, it may be invalid and could become the basis for a lawsuit. At a minimum, be prepared to show that the rule is based on business necessity.

FMLA leave doesn’t mean immunity to RIFs

10/26/2011
When faced with a reduction in force, employees who are out on FMLA leave don’t enjoy greater protection than other employees. For example, being on maternity leave does not exclude an employee from being considered for the RIF. That would give those on FMLA leave rights above and beyond those of other employees.

Must you allow FMLA leave before childbirth?

10/26/2011
Some employers mistakenly believe that women can’t take FMLA intermittent leave when they become pregnant. That’s simply not true. Women may take intermittent leave for normal prenatal care and any “incapacity” during pregnancy.

The ‘Scarlet M’: State uses shame, fines to fight misclassification

10/25/2011
A new law allows the California Labor and Workforce Development Agency (LWDA) to levy fines of at least $5,000 against employers that misclassify workers and requires the em­­ployers to publicize their violations on their company websites. Em­­ployers face penalties as high as $25,000 for willfully misclassifying employees as independent contractors.

Disabled worker fired for not reading writing on the wall?

10/25/2011
According to a recent lawsuit filed by the EEOC, Hospital House­­keep­­ing Systems of Houston violated fed­­eral law when it denied reasonable accommodations and discharged a housekeeper due to her disability.

Religious speech limited for public school teacher

10/25/2011
The 9th Circuit Court of Appeals has reversed a lower court decision that allowed a teacher to display banners with the word “God” in the classroom.

Better treatment after claim? That’s hardly punishment

10/25/2011

Employees who complain about har­­assment are protected from retaliation. It follows that if the employee is promoted and gets a raise, he can’t argue that he was punished. One employee’s case before the 9th Circuit Court failed because his employer treated him well after he complained.

Be prepared to show you used due diligence to prevent on-the-job subcontractor injuries

10/25/2011
Here’s an important note for companies that use subcontractors to carry out work. The state Division of Occupational Safety and Health can cite your company for on-the-job injuries if it appears you were a controlling employer.

Good news: Court rules employee suit frivolous–Bad news: You probably won’t recover legal fees

10/25/2011
When an employer loses a discrimination or other job-related lawsuit, the employee who sued typically recovers attorneys’ fees in addition to any lost pay or other damages. The same isn’t true if the employee loses.

Fresno laser clinic sees light on harassment

10/25/2011

Employers don’t just have to protect employees from harassment by co-workers and supervisors. They’re also responsible for keeping employees safe from others they must interact with on the job. American Laser Centers, the largest laser hair removal company in the U.S., found that out the hard way.