Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Lorraine Hoffman

Photo of Lorraine Hoffman
Dec 11 2015
Q&ALeave Laws  

Do we have to pay our exempt employees while they are on a one or two day military leave?

Q: We have an exempt employee who is in the National Guard. He requested a single day off for duty. Since he’s a salaried employee and he’s working during that pay period do we have to pay him his full salary?

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Photo of Lorraine Hoffman
Sep 03 2015
Disability  

No need to accommodate employee who threatened to kill co-workers

An employee who made serious and credible threats to kill his supervisor and manager was not a “qualified individual” under the Americans with Disabilities Act (ADA) and Oregon’s disability discrimination statute according to the 9th Circuit Court.

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Photo of Lorraine Hoffman
Jul 13 2015
Harassment & Discrimination  

Supervisor’s harassing behavior results in $1.5 million liability

A supervisor’s sexually suggestive comments and acts toward three female employees who all asked him to stop resulted in a jury award of punitive and compensatory damages of $1.5 million.

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Photo of Lorraine Hoffman
Jun 23 2015
Safety and Health  

OSHA interpretation letters clarify recording and reporting rules

The Occupational Safety and Health Administration (OSHA) recently issued a number of interpretation letters clarifying the updated recordkeeping and reporting rules that went into effect on January 1, 2015.

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Photo of Lorraine Hoffman
May 25 2015
Disability  

Transfer to previous role may have been reasonable accommodation for disability

A hospital that failed to return an employee who suffered from cognitive difficulties to his previous role may have failed to accommodate the employee’s disability as required by the Americans with Disabilities Act (ADA), ruled the Sixth Circuit U.S. Court of Appeals.

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Photo of Lorraine Hoffman
May 18 2015
Q&ADrug and Alcohol  

Anonymous tip on drug use alone not enough to justify test

Question: Our office has received an anonymous tip that one of our employees regularly uses marijuana. We have a zero tolerance drug policy that includes reasonable suspicion testing. Can we send her in for a drug test?

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Photo of Lorraine Hoffman
May 18 2015
Disability  

Does temporarily changing a job function make it non-essential?

An employer has successfully defended its decision to terminate a supervisor who was required to drive for his job but lost his driving privileges, after he refused to accept an offer of reassignment.

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Photo of Lorraine Hoffman
Jan 27 2015
DisabilityLeave Laws  

CALIFORNIA: Indefinite leave of absence is not required under FEHA

A federal district court recently ruled that a California employer wasn’t required to grant indefinite leave for an individual with a disability.

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Photo of Lorraine Hoffman
Jan 22 2015
Leave Laws  

Employer cannot terminate for unmet sales goals when FMLA leave reduced sales

An employer violated the federal Family and Medical Leave Act (FMLA) when an account executive who took five weeks of FMLA leave was subsequently disciplined and terminated for failure to achieve her sales goals.

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