Employment Law

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Sometimes, there’s no way for an in­­jured employee to perform the essential functions of a job, despite medical intervention. When that’s the case, it may be time to look for other options.
Does your handbook clearly spell out that employees are truly at-will employees? If not, be sure to add language doing so the next time you update your handbook.
OSHA recently issued a public warning, reminding that “em­­ployers must train all employees, including temporary workers, on the hazards specific to that workplace, before they start.”
The Court of Appeal of California has finally answered a vexing question: Employers can order em­­ployees who receive direct customer tips to turn over some of the money to be redistributed to other employees who provide additional services.
Forty-five thousand Kaiser Permanente employees in California will start receiving new union ballots April 5 following a National Labor Relations Board ruling that a 2010 election was invalid.
Q. We recently disciplined one of our employees for a handbook violation. She has since alleged that she was the victim of harassment. We are now facing a retaliation claim from this employee. How should we respond to such retaliation complaints?

A recent New York Court of Appeals decision gives New York municipalities the right to discipline police officers outside of the collective bargaining framework. The decision stated that the New York State Town Law (known as the Taylor Law) governs police discipline regardless of any existing CBA.

In a potentially far-reaching decision, the National Labor Relations Board has ruled an employer must turn over confidential employee witness statements to a union as part of a grievance procedure.
Supervisors in your organization probably know it’s illegal to discriminate based on race, age, sex, religion or disability. But apparently far fewer realize those same federal laws also make it illegal to retaliate against people for voicing complaints about such discrimination.
Q. We have some paid consultants who have been working for us for two years. Are there any ramifications if we refer to these consultants as “staff” and enter them in a national database as our staff?
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