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Showing posts for: 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.” The salesman called the owner a  “f***ing crook,” and an “***hole.” He also told the owner that…

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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. In this case, the employer did not follow set…

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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. The employee was a chemical engineer who was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and Bipolar Disorder. The employee requested a change in schedule from 8:30-5:00 to…

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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…

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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 excludes the 37 non-scholarship…

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Mar 12 2014
Uncategorized

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. The employee worked as a sleep technician in a hospital clinic that…

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Mar 06 2014
Uncategorized

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). It’s understandable that employers would want to keep a tight rein on gossip to protect against the…

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Jan 22 2014
DisabilityLeave Laws

Poor performance alone does not require employer to investigate possible disability

Previously, the employee had been given a written warning, provided remedial training, and placed on an improvement plan. Throughout her various levels of discipline, the employee never once indicated that her performance issues were caused by her disabilities. She only claimed this connection after being fired. In her lawsuit, she argued that the company violated…

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Dec 16 2013
CaliforniaWage and Hour

CALIFORNIA: Final report on employment-related laws taking effect in 2014

Protection for military and veteran status – (AB 556 – signed 10.10.13) Expands the Fair Employment and Housing Act to include “military and veteran status” in the list of protected categories. The law will permit employers to inquire about military or veteran status for the purpose of awarding a preference for veterans that is allowed…

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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. People obsessively check and interact with devices everywhere, even at inappropriate times and events. You may think you’re an excellent multi-tasker, but cognitive research shows that perception is off-base. At work, the problem isn’t limited to loss of production…

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Nov 18 2013
Q&AWage and Hour

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

A: Not necessarily. Having a clear policy on time reporting is essential, and requiring employees to verify in writing the hours worked is a “best practice” that Vigilant recommends. But, if supervisors encourage employees to under-report their hours, or the employer has reason to know that the time records are not accurate, then the written…

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Nov 14 2013
CaliforniaHiringLeave Laws

New California employment-related laws to take effect in 2014

Governor Brown has recently signed a flurry of California bills into law. At press time, a number of bills are still at the Governor’s desk awaiting signature or veto. So, stay tuned and Vigilant will continue to report on developments. Here is a summary of key new employment-related laws to date, with links to the…

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