Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Jon Benson

Photo of Jon Benson
Mar 12 2014
 

Court rejects FMLA interference claim of employee who mentioned a “kill list”

An employer didn’t violate the federal Family and Medical Leave Act (FMLA) when it fired an employee on FMLA leave who had told a coworker that her husband had a “kill list” with her supervisor’s name on it, ruled a federal district court.

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Mar 06 2014
 

Use caution when dealing with workplace gossiping rules

Employers should tread lightly when prohibiting gossip in the workplace. That’s the latest lesson from a National Labor Relations Board administrative law judge in a ruling against a company’s no-gossip policy (Laurus Technical Institute, NLRB ALJ, Dec. 2013).

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Jan 22 2014
DisabilityLeave Laws  

Poor performance alone does not require employer to investigate possible disability

After being terminated, an Amazon.com call center employee sued the company under the Americans with Disabilities Act (ADA). The employee claimed that her poor performance was due to her disabilities. Amazon was aware that the employee suffered from migraines and endometriosis, and had granted protected leave under the federal Family and Medical Leave Act (FMLA) for these conditions.

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Dec 05 2013
Safety and Health  

Distractions from mobile phones can pose big safety risks

These days people are so coupled to their mobile phones that it’s like a bodily appendage.

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Photo of Jon Benson
Nov 18 2013
Q&AWage and Hour  

Does a written policy shield an employer from claims of “off-the-clock” work?

Q: Our company has a very strict written policy in our employee handbook which requires employees to accurately report all regular and overtime hours worked. Employees must verify their hours by signing their time report each pay period. Can we deflect any “off-the-clock” claims by simply relying on the written policy?

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Photo of Jon Benson
Nov 14 2013
HiringLeave LawsWage and Hour  

New California employment-related laws to take effect in 2014

Governor Brown has recently signed a flurry of California bills into law.

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Photo of Jon Benson
Nov 11 2013
 

Hiring references: Loose lips lead to retaliation claim

Ever breathe a sigh of relief when certain employees depart? When you get a request for a reference from a potential employer regarding your ex-employee, you should carefully consider the information you share. That’s one of the lessons from a recent federal district court case alleging retaliation.

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Photo of Jon Benson
Sep 05 2013
Wage and Hour  

CEO may be individually liable for wage violations

If your CEO or President is spending more time in the stock room than the Board room, they might end up having to pay wage claims from their own pocket.

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Photo of Jon Benson
Jun 05 2013
Labor Relations  

Employer does not have to accommodate disability that alters essential job function

In this case a long term, union-represented employee bid on a job opening for which she was the senior bidder.

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