‘Association Discrimination’ Claims Growing Area of Labor Law
My employee has asked for a different schedule due to his child’s disability. He needs to take the child to regular medical treatment. Do...
Work with Employee on Reasonable Accommodation for Health Issue
Our employee is having seizures but continues to work and doesn’t ask for any accommodations; what are our obligations?
First and foremost, the health and...
Paid Family Leave Optional for Employers with Fewer Than 50 Workers
My employee has come to me and asked to take Paid Family Leave to be with his new baby. He says he’s entitled to...
Make Sure Grooming Standards Consider Job Needs, Protected Practice
Our receptionist came in after the holiday weekend with “crazy hair.” She dyed it bright pink—it isn’t remotely a natural color. Can we ask...
Employers Should Have Reasonable Suspicion for Drug Testing Workers
Can I drug test my employee who is acting strangely and not answering questions correctly? His behavior is very suspicious.
Every California employer can require...
Recording Conversation Requires Permission of All Parties
My employee wants to use her cell phone to privately record a conversation with another employee (without her knowledge). Can she do this?
The answer...
California Law Requires Employers to Pay Employees’ Expense Claims
Can we have a policy that employees’ expense claims must be turned in by a certain time period, and if the employee doesn’t meet...
Documenting Poor Performance Useful in Discrimination Claim Defense
We have a seasonal employee we have rehired every year for the past few years. He had a workers’ compensation claim last year but...
Employers Should Investigate Hostile Work Environment Claims
My employee came to me complaining of a “hostile work environment,” which appears to be a verbal situation, not one of sexual harassment. Am...
Factors to Weigh When Employee Out on Disability for Extended Period
We are a small employer (22 employees). Our employee has been on disability for two months. I know we can’t terminate her while she’s...
Religious Wear at Work: Interactive Dialogue Best When Questions Arise
Our employee wants to wear a St. Christopher medal on a chain around his neck, which is in violation of our company policy since...
Visible Tattoos, Other Dress Code Issues Arise in Warmer Weather
We have a strict no visible tattoos policy as we work with a very conservative population. We hired a new employee recently, and when...
Employers May Be Liable for Negligent Referrals on Ex-Employees
I got a reference request on an employee who we terminated a month ago. The employee left on bad terms and this potential employer...
Progressive Discipline Best Remedy for Workplace Cellphone Abuse
We are having problems with employees taking long rest breaks. These employees take their cellphones and go to the restroom for long periods of...
Reasons to Run Consumer Background Check After Making Job Offer
Can we run a consumer background check on an applicant before making a job offer? We would like to screen out applicants before making...