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Posts tagged "Employment Law"

Ruling could set precedent for Workers’ Comp cases and drug use

An Oklahoma Court of Civil Appeals Judge recently ruled that a positive drug test should not impact an employee’s Workers’ Comp benefits. In this case, the injured employee was attempting to fix a piece of heavy machinery when a coworker activated it. The machine then crushed the worker’s hand. While receiving treatment, the man subsequently tested positive for marijuana, which called into question whether the injury was his fault. 

Serving alcohol at holiday parties

The holiday party is a particularly tricky ritual in workplace culture. It is a chance for colleagues to relax and socialize together, but it can be challenging and awkward to socialize with co-workers. Alcohol is traditionally part of the equation as a tool for getting people to relax or to even get them to participate.

Non-competes that stand in California

California has a 150-year history of barring the non-compete clause. So many businesses coming in from other states or just beginning to hire staff could be in for a rude awakening when they start to hire or employees leave. Just for the sake of comparison: about 20 percent of workers across the United States are bound by non-compete agreements, including 14 percent whose earnings are less than $40,000 per year.

Safeguarding against excessive absenteeism

The state of California laws and federal laws ensure a wide range of employee entitlements. This includes the Family Medical Leave Act (FMLA), Age Discrimination in Employment Act (ADEA), Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA) as well as some of the most worker-friendly state laws in the country.

NBA Commissioner calls for better treatment of women

The Dallas Mavericks recently were the subject of a thorough investigation into sexual harassment in the workplace after an explosive expose in Sports Illustrated. While the report includes mandates for the Mavericks, NBA Commissioner Adam Silver wants the other 29 teams to look at the report and use it to institute new policies. Dallas was found to have a culture where workplace misconduct and sexual harassment were rampant with management figures allowing the behavior to go unchecked.

Can I offer an alternative workweek to my employees?

In recent years, there has been discussion about whether the five-day, 40-hour workweek is still relevant to modern life. Some companies have taken it upon themselves to adjust working hours to better balance the business and personal aspects of their employees’ weeks. 

Big Blue faces age discrimination class action suit

IBM was a leading technology company in the ‘80s and ‘90s. Not only did it create innovative products, it was at the leading edge of promoting women, providing desirable benefits and generally treated the employees well. It became a major employer in the U.S. with 250,000 employees at one point.

Can employers require employees to give notice?

Businesses face a wide range of challenges, but few are more complicated on a professional and interpersonal level than handling the departure of an employee. Like many states, California is an employment at will state, which means that the employee can leave at any time for any lawful reason, with or without notice.

Ten common employer missteps involving employment laws

Most employers would never intentionally try to violate the state and federal employment laws, but it could be a case of not being clear on the rules. Some reasons may even be in the spirit of helping the employee or making your job easier, while others involve poor business planning or choices. Here are 10 mistakes that the California Chamber of Commerce es.

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