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?

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.

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.”

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.

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.

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…

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…

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.

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).