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Employee Internet Use: Worker Waived Privacy Expectations By Signing Agreement That Employer Could Monitor Computer Use; Creating An Internet Policy

Because employee Internet access in the workplace can raise the potential for abuse and misuse, some employers monitor their employees’ Internet activities. But this in turn raises concerns about employees’ right to privacy. An important new California Court of Appeal decision addresses this issue head-on, ruling that an employee who consented to employer monitoring had […]

Mental Health Parity Changes Take Effect January 1, 2010

It’s time for employers to examine their health benefits to see if they’re in compliance with the Mental Health Parity and Addiction Act of 2008, which takes effect on January 1, 2010. The law applies to most employers with more than 50 employees. It requires covered employers that offer a health insurance plan with mental […]

Medical Marijuana: Fired Employee Files First Challenge To New Law

In January, we reported on the impact California’s Proposition 215, the Medical Marijuana Initiative, will have on the workplace. Prop. 215 allows marijuana use if it is recommended, orally or in writing, by a physician. But there are many unanswered questions, including when the use of medical marijuana can be grounds for termination and how […]

X-Men playing catch-up on genetics–the real-life wave of the present

Remember when the study of genetic information was deemed to be the purview of those in the medical field or reserved for films and television shows that were classified as “futuristic science fiction”? Not anymore. Today we live in a world where everyone is fully aware that their own genetic code and family history could […]

Arguments in Favor of Hierarchical Pay Raises

In a previous post, we discussed the precarious situations many employers find themselves in when it comes to employee pay increases. We currently find ourselves in a tight labor market with relatively low unemployment, and employees consistently list financial compensation as one of the primary factors in accepting and staying at a job.

Pregnancy—Was Termination Legit, or Was It Discrimination?

By Beth Kahn and Timothy J. Toohey A California employer fired a pregnant employee for violating its policy on reporting missing customer deposits. On appeal, the California Court of Appeal considered whether the employee had a claim for pregnancy discrimination and whether the employer had a legitimate reason for terminating her.

Beauty and the Best

By Mark I. Schickman We have eliminated many forms of workplace discrimination and made great strides toward erasing others. Nonetheless, one form of discrimination ― “Beauty Bias,” as coined by Stanford Law Professor Deborah Rhode ― remains alive, well, and possibly inherent in the human condition. When babies are shown pictures of adults, they usually […]

Tenth Circuit Reaffirms Importance of Handbook Disclaimers

Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]

Workplace Investigation: Essential Do’s and Don’ts

When harassment or other complaints are filed, you need to do an investigation. Here are some tips … and a “must-listen” audio conference … to help do it right. The note on your desk is handwritten, folded shut, and marked “Confidential.” When you open it, here’s what it says: My two co-workers are hitting on […]

Random Thoughts on FLSA Administrative Exemption

by Kara E. Shea I’ve been working with several clients lately on Fair Labor Standards Act (FLSA) compliance issues — specifically, on exemption classification audits. During an audit, I review all the jobs an employer has deemed exempt from overtime under the FLSA and try to decide whether the positions have been correctly classified. It’s […]