Here’s something to consider if you discover an FMLA leave mistake: Just fix it. If you erroneously imposed some kind of discipline for violating your attendance rules, rescind it. Chances are a court won’t hold your error against you.
Some disabled employees never tell employers about their conditions—even if their disability could affect performance. And of course you know you shouldn’t treat employees as disabled unless they claim a disability. But what if you fire someone for poor performance?
It’s hard to create binding and enforceable arbitration agreements in California. Some courts considering California arbitration agreements have held that actions brought by employees under the California Private Attorney General Act of 2004 (PAGA) can’t be blocked by arbitration agreements.
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.
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.
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.
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.
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.
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.
The 9th Circuit Court of Appeals has refused to reinstate a lawsuit based on a “one strike, you’re out” drug testing policy.