• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

Here’s something you may not have considered when agreeing to settle a nuisance case for a few thousand dollars. Most of the time, you will need to withhold federal and other taxes. Be­­cause of a relatively recent change at the IRS, unless payment is for a physical injury, the proceeds are fully taxable.
Two former employees at electronics company Eaton Corp. have filed suit in a New York federal court, claiming the company systematically discriminates against women.
The nonpartisan California Legislative Analyst’s Office (LAO) has urged state law­makers to consider rejecting some or all of six new collective bargaining agreements negotiated with state employee unions in March.
Employers generally must treat employees equally, including when they break the rules. But that doesn’t mean you have no disciplinary flexibility. The key: Explain why you think one employee deserves more serious punishment than another who committed the same infraction.
Former Ropes & Gray partner Patricia Martone is suing the multinational law firm for age and sex discrimina­tion and ERISA violations. According to her complaint, senior partners pressured her to turn over some of her key clients to younger, male partners. When Martone refused, she says, she was fired.
After a five-day strike, registered nurses have started returning to their jobs at Children’s Hospital in Oak­land. The nurses, represented by the California Nurses Association/National Nurses United, walked out on May 5 over a dispute about health care benefits.

Courts recognize that employers can’t control everything employees do. Judges expect employers to educate workers on appropriate conduct, but they don’t expect perfection. If you hear that co-workers have been giving a hard time to an em­ployee who has filed discrimination charges, check it out and tell them to stop. But don’t lose any sleep over minor slights.

A poorly written or overly broad handbook could result in unfair labor practices charges from the National Labor Relations Board. That’s true even if your workforce isn’t unionized. Review your handbook for policies relating to the following 10 “red flags” that attract the NLRB’s attention.
Mexican food is great, but is it art? A cook sued his former em­­ployer, a Mexican restaurant, for un­­paid overtime. The owners put forth a creative defense: that the cook was exempt from the FLSA overtime requirements because he was a “creative professional.”

In the past few months, several Holly­wood celebrities—including Cath­erine Zeta-Jones and Demi Lovato—have publicly announced they suffer from bipolar disorder, a mental illness defined by high and low mood swings. But what if a bipolar employee ex­­hibits threatening behavior—can you discipline her, or must you accommodate the disability?