Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Diane Buisman

Photo of Diane Buisman
Jan 27 2015
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.

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Photo of Diane Buisman
Oct 06 2014
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.

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Photo of Diane Buisman
Sep 24 2014
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.

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Photo of Diane Buisman
Jan 06 2014
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?

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Photo of Diane Buisman
Oct 24 2013
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?

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Photo of Diane Buisman
Oct 15 2013
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.

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Photo of Diane Buisman
Sep 24 2013
 

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.

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Photo of Diane Buisman
Sep 09 2013
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?

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Photo of Diane Buisman
Aug 13 2013
Q&AImmigration  

How to respond when an employee doesn’t pass E-Verify

Q: We use E-Verify to confirm work authorization for employees, and recently received a final nonconfirmation notice for a new hire. Should we terminate him?

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