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Employment Law

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If the California Department of Indus­­­trial Relations comes after you, don’t expect to get away with anything illegal. The department reports that since January 2013, a joint enforcement task force of state regulatory agencies looking for pay and safety violations has wound up citing 83% of work sites inspected.
A California appellate court has invalidated an arbitration agreement on the grounds that it was unconscionable. The court said it was both one-sided and oppressive.
A proposed OSHA rule would require employers of 250 or more employees to submit quarterly injury reports electronically. The rule—to be finalized next year—wouldn’t add new recordkeeping requirements but would accelerate the injury-reporting process.
The U.S. Supreme Court on Nov. 4 heard oral arguments in the first of several employment law cases to be considered in the 2013-2014 term, this one hinging on the question: What does it mean to change clothes?
Q. We have been contemplating developing a dress code. What kinds of legal issues do we need to consider?

The NLRB and EEOC are actively enforcing the position that a blanket policy requiring confidentiality during investigations violates federal labor and employment law. That means employers must proceed carefully and thoughtfully when making confidentiality requests during investigations.

The U.S. Supreme Court will hear a number of cases during the 2013-14 term that could affect employers.
Amendments to Minnesota’s Par­­ent­­ing Leave Act took effect Aug. 1, expanding the definition of “covered family members” from just children. Now the definition includes not only minor children and those attending school (up to age 20), but also the employee’s own spouse, siblings, adult children, parents, grandparents and step-parents.
As prosecutors try to unravel Bernie Madoff’s Ponzi scheme, they are finding his personal life a tangled web as well.
Q. Our company received a report that an employee who called in sick on a Thursday and Friday later posted photos to her Facebook page that indicated she was traveling in another city with friends at the time. It appears she lied to us about being sick. Can we require her to give us her Facebook password so that we can see her online postings?
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