Author Archive
CAUTIONARY TALE EPISODE 45
OLD BOY KILL-JOY
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting sexual harassment and retaliation.
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.
THE RIGHT TO FIGHT
Employment arbitration, preserved and promoted by the Federal Arbitration Act (FAA), is often used as a contractual alternative to court actions.
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.
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, the Biden administration has directed the Department of Labor and 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.
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, the Unruh Act provides that disabled people “are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”
STAYING ABREAST
WORKPLACE PANDEMIC POLICIES & PROTOCOLS
Through 18 months and counting, the pandemic has brought one constant for California employers: change.
Since its initial directive last November, Cal/OSHA has regularly revised and expanded business’s required protocols to check COVID-19’s proliferation.