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The 8th Circuit ruled on December 7, 2018 in Hustvet v. Allina Health System, that an employee who was terminated for failing to receive a vaccination for Rubella was not discriminated or retaliated against under the Americans with Disabilities Act, as amended (“ADA”). Janice Hustvet was an employee at the Courage Center (the “Center”) working […]
Personal injury cases are always serious. When an injury occurs, the injured person can experience pain, lost wages, and a lengthy recovery. Catastrophic injuries can be even more devastating. When these kinds of injuries occur, the victim may forever be unable to return to work or engage in his or her normal activities. Catastrophic injuries […]
Not every business has an employee handbook, but in reality, every business should. An employee handbook is valuable to business owners and staff alike, and it can help to ensure that you are in compliance with all of the laws that apply to your business. If you’re on the fence about whether you should spend […]
The Department of Labor’s (DOL) Wage and Hour Division has extended the nationwide program called the Payroll Audit Independent Determination (PAID) by six months. Under this program, employers may self-report overtime and minimum wage violations which would subject them to liability under the Fair Labor Standards Act (FLSA). Apart from the PAID program, employers only […]
In the recent Ninth Circuit decision in O’Connor v. Uber, the Ninth Circuit reversed an order of the district court denying Uber’s Motion to Compel Arbitration. Rather than address the issue of whether Uber Drivers were employees or independent contractors, the Ninth Circuit simply reversed the lower court decision that the arbitration provisions were unenforceable. […]
On September 12, 2018, the Consumer Financial Protection Bureau released a new model of the disclosure document, “A Summary of Your Rights Under the Fair Credit Reporting Act.” Under the Fair Credit Reporting Act, employers must provide this disclosure to job applicants prior to taking any adverse action against the applicant based on a consumer […]
Your workplace should be a place where you feel safe and comfortable. Unfortunately, there are many instances of inappropriate behavior that can take place at work, and it can be particularly awkward if the inappropriate behavior is coming from someone who is in charge. If a coworker makes an inappropriate comment or crude joke, your […]
Putting in extra hours can be tiring, but it should all be worth it when you receive your paycheck—unless your employer is not paying you what they should be. When you work overtime, you should be compensated with a bonus of 50% of your hourly wage on top of your hourly rate, otherwise known as […]
Following is a short guide to the schedule of increases now mandated due to Proposition 206. As of 2018 the minimum wage pay is $10.50; in 2019 it will go up to $11.00; and 2020 it will go up to $12.00/hour. Now to the leave. Employers will have to give employees one (1) hour of […]
Employers have for years have been advised that sexual orientation is not covered or protected under Title VII of the Civil Rights Act of 1964. However in 2015, the EEOC took the position that the phrase “because of…sex” included sexual orientation. On February 26, 2018, the 2nd Circuit Court of Appeals sitting as the full court and […]
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