Blog

THE RIGHT TO FIGHT

Employment arbitration, preserved and promoted by theFederal Arbitration Act (FAA), is often used as a contractual alternative to court actions.

BIDDING FAREWELL NOT UNFONDLY

Little can rank above an individual's pride in her or his livelihood. No matter how much a failing, insubordinate worker might deserve it, it is thus imperative that management handle a termination free of any urge to finger-point or otherwise antagonize. A humiliating, yet justified firing can and often does fuel an ex-employee's determination to "get even" through court action.

ALL IS NOT LOST

California's Private Attorney General Act (PAGA) continues as a weapon of choice against employers, permitting a single worker to seek Labor Code penalties on behalf of a company's entire payroll. Facing potentially crushing liabilities or without the resources to fight bogus accusations, many employers seek to promptly settle such claims, further encouraging PAGA lawyers to find other targets.

NAILING GOODBYE

Employee termination is usually a delicate task. Mishandled firings can lead to a nightmare of costly and time-consuming accusations. Yet keeping failing employees out of fear of lawsuits can destroy workplace production and morale.

MAKING MANDATORY MANDATORY

With the reported surge and perseverance of Delta variant cases, theBiden administration has directedtheDepartment of Laborand its Occupational Health and Safety Administration (OSHA) to develop emergency regulations for larger private employers (more than 100 on payroll) to require vaccination or weekly testing for every worker. The proposal includes mandatory paid time off for employees to obtain vaccination. Once issued, the expanded rules will affect an estimated 80 million individuals.

FAUX PAS LAW

Job candidates and human resources professionals have the unenviable challenge of conducting productive online job interviews throughout the pandemic.

DRUG- AND ALCOHOL-FREE WORKPLACE POLICIES

By the production disruptions and safety risks posed by a worker intoxicated or stoned on the job, employers can and should maintain comprehensive written drug and alcohol policy covering testing, prevention, and the handling of suspected on-the-job drug- or alcohol-abuse.

WHO LURKS ABOUT YOUR WEBSITE?

State and federal laws validly prohibit businesses from discriminating against disabled persons. In California, theUnruh Actprovides that disabled people "are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever." Federally, theAmericans with Disabilities Act (ADA)prohibits disability discrimination.

CAUTIONARY TALE EPISODE 44 FINED DINING

The Labor Commissioner has made an example to deter industry-wide wage violations,settlingwith San Francisco-based Z & Y Restaurant for $1.6 million on alleged underpayment of 22 workers.