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Employment Law

Feel free to punish boorish misconduct, even if employee blames it on disability

12/21/2010

Disabled employees sometimes think they can use their medical conditions to get away with misbehavior. That’s not true. Employers can and should punish behavior that is disruptive, wrong or breaks company rules, even if that behavior may be tangentially related to a disability of some sort.

When reorg will cut older worker’s position, consider offering reassignment to other jobs

12/21/2010
Be prepared to be creative when business necessity forces changes that will eliminate a position held by an older employee. When that’s the case, consider offering the older employee alternative positions. If she declines to take comparable jobs, document it. That refusal will make it next to impossible for her to win an age discrimination lawsuit.

2010 was record year for EEOC discrimination complaints

12/21/2010
The EEOC received nearly 100,000 complaints of discrimination in federal fiscal year 2010 that ended Sept. 30, 2010. The total of 99,922 topped the previous high of 95,402 in FY 2008 and represented a 7% increase over FY 2009’s figure of 93,277.

PDA doesn’t guarantee leave for child care

12/21/2010

The Pregnancy Discrimination Act protects women against discrimination because they’re about to have a baby. But the PDA doesn’t grant any special, additional rights to time off for child care. Unless the mother has FMLA or other leave available, there’s no requirement for an employer to accommodate her child care needs.

What should we do? We’ve been lax about breaks

12/21/2010
Q. I am the HR director for a large company. We recently realized that we have not been providing nonexempt employees with any breaks during the day (other than a lunch break). What should we do?

How much access must we grant OSHA inspectors?

12/21/2010
Q. When an Occupational Safety and Health Administration inspector arrives at our workplace, must we allow him or her onto the premises?

Does religious accommodation mean paid leave?

12/21/2010
Q. One of our exempt employees has requested a partial day off to attend a religious service and contends that she should be paid for this time off as a “religious accommodation.” Is she correct?

Know your responsibilities under the EEOC’s final GINA regs

12/21/2010
The EEOC has published its final regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). They take effect on Jan. 10. The new regulations clarify when employers may be liable for acquiring genetic information.

Arnold’s last act: New contract scales back state pensions

12/21/2010
Members of Local 1000 of the Service Employees International Union, which represents 95,000 California state employees, have voted to accept a new labor contract that features significant pension reforms sought by Gov. Arnold Schwarzenegger.

NLRB slaps $1.3 million penalty on Wilshire Plaza

12/21/2010
The Wilshire Plaza Hotel in Los Angeles will pay more than $1.3 million following a National Labor Relations Board ruling that it engaged in unfair labor practices during contract negotiations with a hotel workers union.