Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Jon Benson

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Jan 18 2018
Leave Laws  

Supervisors can be held individually liable for FMLA violations

A federal district court in California recently ruled that supervisors can be sued individually for violations of the federal Family and Medical Leave Act (FMLA). The ruling means that supervisors could be independently responsible for damages, separate and apart from the employer’s liability. In reaching this decision, the court focused on the…

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Dec 05 2017
Drug and AlcoholSafety and Health  

Think twice when conducting post-accident drug testing on employees

The Question: Our employee reported that he was injured on-the-job today, but we don’t yet know the nature of the incident or who (if anyone) was at fault. Our standard procedure is to send him for a drug test immediately. Can we do so?

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Feb 22 2017
Q&ALeave Laws  

Can an ex-employee who joined the military demand their job back?

Q: Over four years ago we threw a big party for an employee who was joining the US Marine Corps. She never said anything about returning to work for us and we understood she was pursuing a military career. Yesterday she unexpectedly showed up and asked for her job back. Do we have to rehire her?

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Feb 16 2017
Hiring  

Employer violated FCRA by including waiver in disclosure form for background check

The U.S. Ninth Circuit Court of Appeals recently ruled against an employer who included a waiver of liability in the same document that contained a disclosure statement required by the Fair Credit Reporting Act (FCRA).

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Jul 14 2016
Disability  

Disability accommodation requests require a careful analysis of essential job functions

A recent disability discrimination ruling highlights the importance of not jumping to conclusions in evaluating essential job functions.

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Photo of Jon Benson
Feb 23 2016
Harassment & Discrimination  

Male-on-male grabbing is sexual harassment, not horseplay

Multiple incidents of sexual harassment by one male employee toward another in the workplace led to a $300,000 verdict against their employer.

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Nov 02 2015
Q&AWage and Hour  

When to pay travel time for non-exempt employees?

Q: We’re sending a non-exempt employee to the East Coast for training. Do we have to pay her for all that time spent flying and traveling to the destination?

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Aug 06 2015
Labor RelationsTermination & Resignation  

Employee fired for “gossiping” about potential firing wins case against employer

Termination of an employee for telling coworkers about a job posting she believed was for an existing job with their Oregon employer was illegal, ruled the National Labor Relations Board. 

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Jul 29 2015
Q&AEmployee BenefitsTermination & Resignation  

Can an employee who voluntarily quit still get unemployment benefits?

We just received a notice from the Employment Department letting us know that one of our former employees has filed for unemployment benefits. This employee voluntarily quit a few weeks ago; can he now qualify for unemployment?

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Jul 20 2015
DisabilityTermination & Resignation  

Disability discrimination found when employer avoids interactive process

One employee who was fired after a determination of a permanent partial disability in her workers’ compensation claim ended up winning a disability discrimination lawsuit. A federal district court ruled the employer could not simply rely on the workers’ compensation award of permanent partial disability in concluding the employee was unable to perform the essential functions of her job as a shipping clerk.

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