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Showing posts by Jon Benson

Photo of Jon Benson
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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Photo of Jon Benson
May 11 2015
Q&AHiring  

Designate representative to review remote employee’s I-9 documents

Question: We hired a remote worker and don’t have someone to review I-9 documents or complete the form in person; what should we do?

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Photo of Jon Benson
Jan 27 2015
Q&ALabor Relations  

Can we require employees to keep quiet about their wages?

Q: We’re worried that morale could be hurt by employees comparing their salary or wages with one another. Can we prohibit our employees from discussing their wages?

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Photo of Jon Benson
Sep 24 2014
Q&ALeave Laws  

What does reemployment of a veteran really mean?

Q: An employee left three years ago and told us he was pursuing a career in the Navy. Yesterday he showed up asking for his old job back. Do we have to rehire him?

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Photo of Jon Benson
Sep 16 2014
Leave Laws  

CALIFORNIA: California adopts mandatory paid sick leave

On September 10, Governor Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014,” (AB 1522) granting paid sick leave to virtually all employees in the state. The new law will take effect on July 1, 2015.

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Photo of Jon Benson
Jun 20 2014
Labor RelationsWage and Hour  

Employee’s outburst protected despite threats and profanity

A car dealership terminated a car salesman who, during an outburst, hurled expletives and insults toward the owner of the dealership, but the National Labor Relations Board (NLRB) ruled that the salesman was engaging in protected “concerted activity.”

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Photo of Jon Benson
May 20 2014
Leave Laws  

Employer who attempted to retroactively rescind FMLA leave learns a tough lesson

In a recent case, a court ruled in favor of an employee on a federal Family and Medical Leave Act (FMLA) interference claim when the employer attempted to retroactively deny leave it had already granted and to recoup medical insurance premiums paid on the employee’s behalf.

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Photo of Jon Benson
May 05 2014
Disability  

Unilateral revocation of accommodation violates ADA

In a scorching rebuke to an employer, a federal district court ruled against the company for unilaterally revoking a long-observed disability accommodation and ultimately firing the employee.

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Photo of Jon Benson
May 01 2014
Drug and Alcohol  

E-cigarettes and the smoke-free workplace

Question: What are electronic cigarettes?Answer: Electronic cigarettes, or “e-cigarettes,” are tobacco-free, nicotine delivery devices. They are battery powered and do not emit tobacco smoke. E-cigarette users are said to “vape” the devices, rather than smoke them.  The e-cigarettes emit a vapor cloud which is a mix of water and nicotine.Question: We have a smoke-free workplace…

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Photo of Jon Benson
Apr 24 2014
Labor Relations  

NLRA game changer: College football players get green light to unionize

Many observers were quite surprised by the recent decision of the National Labor Relations Board (NLRB)’s regional office in Chicago which allowed scholarship football players at Northwestern University to form a union. Interestingly, the ruling only applies to the 85 scholarship players on the team within the proposed bargaining unit and…

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