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Employees can’t be held responsible for work not performed while they are out on FMLA medical leave. But that doesn’t mean employers are powerless to discipline an employee for poor performance that’s not related to the medical leave.
Federal employees have just 45 days after a discriminatory act or decision to file an internal complaint.
When you talk with employees about their performance reviews, beware of using common phrases that can unintentionally communicate the wrong message, or come across as too negative or personal. Certain phrases can kill employee morale, weaken productivity or open up the organization to a discrimination lawsuit. Avoid the following phrases...
Joined, Inc., has agreed to issue $439,000 in back pay to 58 workers following a U.S. Department of Labor Wage and Hour Division investigation.
Employees who allege they have been retaliated against for engaging in some form of protected activity don’t have long to sue. If an employee works for a government agency and alleges that his First Amendment right to free speech has been violated, the lawsuit must begin within three years.
For several years, we have somewhat vaguely referred to the “sharing economy” when discussing such enterprises as the Uber and Lyft ride-hailing services, online errand-running brokerage TaskRabbit and ad hoc hospitality matchmaker Airbnb.
Under California law, not every work product amounts to a trade secret. For example, an ordinary customer list with information generally available through open sources isn’t subject to protection.
Something to consider if you have an internal system for handling disciplinary appeals: Reversing a disciplinary action like a termination could be used against you later as proof of retaliation.
Retaliation claims have risen dramatically in recent years, becoming the most frequently reported basis for discrimination claims.
BitMICRO in Fremont, Ca., will pay more than $160,000 in back pay, overtime and penalties to engineers it brought in on the cheap from the Philippines.
As health insurance policies begin to include more coverage for sex reassignment surgery and treatment, some employees are suing for past noncoverage. But, unless it was the employee who was denied coverage, the court won’t allow the suit.
A Southern California marketing firm will pay $150,000 in back pay and overtime to resolve charges it misclassified employees as independent contractors.
National home-improvement chain Lowe's has settled charges it violated the ADA when it terminated employees after they exhausted the amount of leave the company permitted.
California employers who want to bind their workers to arbitration have to jump through a number of hoops. For one thing, you need to produce an agreement signed by the employee.
An employee facing the prospect of being demoted, transferred or having to take on new duties may consider retiring instead.
Retail giant Target could face a class-action lawsuit in federal court in New York.
A federal appeals court ruled late last month that arbitration agreements prohibiting class-action lawsuits violate the National Labor Relations Act.
Some workers are thin-skinned and seem to think that little annoyances can add up to a discrimination or retaliation lawsuit. Fortunately, that’s not true.
Carefully document each and every disciplinary action at the time it occurs, complete with details on who said what and when it happened.