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Showing posts for: Diane Buisman

Apr 13 2015
Leave Laws

DOL clarifies definition of spouse under FMLA

The U.S. Department of Labor (DOL) recently released a final rule that redefines who qualifies as a spouse under the Family and Medical Leave Act (FMLA). The new rule specifically says marriage is defined by state law where the marriage was entered into, including states where common law and same-sex marriages are recognized. Previously, the…

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Mar 27 2015
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: • Posting the employee’s position while she was out on leave; •…

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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. While this concept has been discussed in the past, with little political traction, the current landscape seems different than in previous…

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Oct 06 2014
CaliforniaWage and Hour

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

Under California Labor Code 2802, employers must reimburse employees for all necessary  expenses incurred in their work duties. When the employees filed a class action lawsuit to enforce this labor code, the employer argued that many employees didn’t incur extra expenses to use their personal phones for work because they have unlimited-use phone plans. Essentially,…

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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. The case stems from an employer’s random drug testing procedures, which were specifically designed…

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Jan 06 2014
Q&AWage and Hour

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

A: Yes, if a nonexempt employee is required to obtain or retain a certificate as part of their job, and they need to study for a test in order to do so, then that time should be compensated. In fact, there are actually very few circumstances when employers don’t have to pay a nonexempt employee…

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Oct 24 2013
HiringImmigrationQ&A

Should we use E-Verify during our hiring process?

A: Possibly. All employers must complete the Form I-9 for new employees and, as a part of that process, be able to review the documentation provided to ensure validity. Many employers struggle with being able to recognize forged documentation, even when using resources available from the U.S. Citizenship and Immigration Services, such as the “Handbook…

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Oct 15 2013
CaliforniaWage 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. In a recent case, a federal district court upheld a jury verdict awarding an employee over four million dollars for being fired in retaliation for raising an issue about the company’s meal…

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Oct 01 2013
Immigration

Do you keep photocopies of I-9 documentation?

Determining whether to keep photocopies of the documentation provided during the Form I-9 process can be a tough decision for employers to make. On the one hand, employers aren’t required to retain copies of employment authorization documents, and having them on hand creates an obligation to keep those documents secure and confidential. On the other…

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Sep 24 2013
Uncategorized

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. In a recent…

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Sep 09 2013
Q&AWage and Hour

Can employees waive their wage and hour rights?

A: No. Paying overtime for hours worked over 40 in a workweek is not optional, and neither employers nor the employees can waive their rights to receive overtime pay. Employment laws state that even if the employees insist on working extra hours at straight time pay, or sign a statement waiving their overtime rights, you…

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Aug 13 2013
ImmigrationQ&A

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

A: Yes. The E-Verify system offers a fairly rigid structure for determining whether an individual is authorized to work in the United States, which can sometimes be a downside. The upside: once you run through the established procedures, you can have confidence in a termination. In fact, continuing to employ an individual after you’ve received…

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