Employment Law Blog

News, trends and analysis in employment law and HR

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Photo of Karen Davis
Nov 21 2016
Harassment & Discrimination  

EEOC issues enforcement guidance on retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on retaliation claims under the statutes it enforces, including the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil…

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Photo of Lorraine Hoffman
Nov 16 2016
Harassment & DiscriminationTermination & Resignation  

Listen to both sides of the story before making any adverse employment decisions

An incomplete investigation into harassment allegations resulted in the wrong employee being terminated and costly litigation for the employer. A female EMT driver was the victim of unwanted sexual advances from a male dispatcher, and apparently brushed it off until he sent her a graphic text containing a photo of…

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Photo of Sean Brown
Nov 14 2016
Q&ALabor RelationsSafety and HealthWage and Hour  

Q&A: Are employees’ social media posts on wages and safety protected?

Question: All our employees make more than minimum wage, but we had an employee go on social media and say, “Minimum wage for this work?! How are we supposed to live off that?!” A number of other employees commented on the post and a few complained about a recent safety incident. Can we discipline the employee who lied about his pay? What can we do to address this?  

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Photo of Karen Davis
Nov 10 2016
Drug and AlcoholEmployee BenefitsLabor RelationsLeave LawsSafety and HealthWage and Hour  

Alert: 2016 ballot measures and election results will impact the workplace

With the November 8, 2016, election in our rear-view mirror, we’re reporting on three significant developments that will affect the workplace: California’s ballot measure on recreational marijuana, Washington’s ballot measure on paid sick leave and minimum wage, and the presidential election’s impact on recent federal employment law developments.

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Photo of Jodi Slavik
Nov 07 2016
Workers’ Comp  

WASHINGTON: L&I proposes workers’ comp rate increase for 2017

Last week, the Washington Department of Labor & Industries (L&I) proposed an average increase of 0.7 percent on workers’ compensation rates charged to employers.

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Photo of Karen Davis
Nov 03 2016
Wage and Hour  

CALIFORNIA: Two new laws increase scrutiny of employers’ wage decisions

Governor Brown has signed two companion bills designed to improve pay equity in the workplace. The first expands California’s groundbreaking pay equity law beyond gender so it also covers race and ethnicity (SB 1063). The second forbids employers from using prior salary as the sole justification for a pay disparity based on…

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Photo of Lorraine Hoffman
Nov 03 2016
Q&ALeave Laws  

Q&A: Do small businesses with some common ownership have to count combined employees for FMLA and other laws?

Question: I handle HR functions for four separate but related family-owned companies. Each company is fairly small, but altogether there are 65 employees. The companies have some overlapping ownership, but they aren’t owned by exactly the same people. Do I have to worry about family leave laws, since each company is well under the employee threshold to trigger coverage?

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Photo of Lorraine Hoffman
Oct 24 2016
Q&A  

Q&A: Think twice before posting political signs at work

Question: Our company feels strongly about a measure on this year’s ballot. Can we distribute literature and post campaign posters on the issue?

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Photo of Karen Davis
Oct 18 2016
Affirmative ActionHarassment & DiscriminationWage and Hour  

OFCCP wrings significant settlements from employers

The Office of Federal Contract Compliance Programs (OFCCP) has announced a string of recent settlements with federal contractors over alleged employment discrimination.

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Photo of Jackie Marks
Oct 10 2016
Q&ALeave Laws  

Q&A: Do employees have the right to take time off to vote?

Q: Do we have to allow employees time off, either with or without pay, to go vote?

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