Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Jon Benson

Photo of Jon Benson
Feb 13 2019
Q&AWage and Hour  

Q&A: Watch out for pattern of identical time card entries

Question: We have a strict policy requiring hourly employees to receive prior approval for any overtime work. Are there any concerns with this type of policy?
 

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Dec 17 2018
Q&AEmployee BenefitsHarassment & DiscriminationLabor RelationsWage and Hour  

Q&A: No-fault attendance policies must allow many exceptions

Question: We have a “no fault” attendance policy which assigns points for absences, tardies, and early departures. Employees are disciplined and eventually terminated if they reach a certain number of points. We know we have to allow exceptions for legally protected time off, but what if it’s unclear whether an absence is protected?  

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May 25 2018
Harassment & Discrimination  

Sexual harassment retaliation victim gets big verdict against her employer

A female police sergeant was awarded $350,000 in a retaliation claim when her employer transferred her 180 miles away after she complained of sexual harassment. The sergeant, who had worked for the police since 1987, had complained of unwanted sexual advances and a sexual assault by a co-worker. The investigation by…

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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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Photo of Jon Benson
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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Photo of Jon Benson
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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