Disability  

Employer loses bid to overturn large jury verdict on ADA claim

When a jury decided to award an employee $1 million on her disability discrimination and failure to accommodate claims, it was decided her employer was to be held accountable for numerous actions. Some of the employer actions that factored into the decision were:

Leave Laws  

Paid sick leave is on the horizon across the nation

In his State of the Union address earlier this week, President Obama supported a trend that we’ve seen growing on the West Coast for the past several years: mandated paid sick leave for employees.

Wage and Hour  

CALIFORNIA: Reimbursement for Business Use of Personal Phones is a Must

Although many employees have “unlimited” minutes on their cell phone plans, employers must reimburse for the cost of a personal phone if it’s required to be used for work, as emphasized by a recent case in California. Employees of a food delivery company were required to use their personal cell phones for business, but were not reimbursed for their expenses.

DisabilityDrug and Alcohol  

Drug testing for prescription medication is questionable under ADA

Random drug testing for prescription medication pushes the limits of what is permissible under the federal Americans with Disabilities Act (ADA), but may not necessarily violate the law, according to a recent case from the Sixth Circuit U.S. Court of Appeals.

Q&AWage and Hour  

Do I need to pay employees for their time spent studying?

Q: Are we required to pay employees for study time, if they’re required to pass a certification test as part of their job?

Q&AHiringImmigration  

Should we use E-Verify during our hiring process?

Q: We’re unsure about our ability to review and authenticate documentation presented during the I-9 process. Should we start using E-Verify to make us feel more secure?

Wage and Hour  

CALIFORNIA: Huge punitive damage award upheld in retaliation case

Speaking up about concerns in the workplace, and being fired as a result, resulted in a huge jury verdict against a California employer.

Reemployment rights after military service may be broader than you think

A returning military servicemember has the right to be reemployed in the position they would have held if not for their military obligations, pursuant to the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), but those rights can become ambiguous when the company eliminates the employee’s position while he/she is gone.

Q&AWage and Hour  

Can employees waive their wage and hour rights?

Q: Our employees would like to work on Saturdays, to get a jump start on production and make extra money, but we can’t afford to pay them overtime. If they want to work at their straight time rate for hours over 40 in the week, can we let them?