New Business Owner Tagged for Failing to Hire Employee on FMLA Leave

If you are thinking about buying a business and hiring its employees, make sure you think carefully about refusing employment to employees on medical leave. In a recent decision out of Arizona federal district court, the acquiring company’s decision to hire 87% of the selling company’s workforce, but exclude an employee on medical leave cost… Continue reading New Business Owner Tagged for Failing to Hire Employee on FMLA Leave

ADA Settlement Based on Employee Termination for Failure to Call-In

Here is an interesting approach taken by the EEOC in a case recently settled in Minnesota. The facts, as reported by the EEOC, are as follows: an employer fired an employee when he sought to return to work after being hospitalized for a week. The employer based the termination on the employee’s failure to call in… Continue reading ADA Settlement Based on Employee Termination for Failure to Call-In

City Commissioner Amanda Fritz’s Office Says Wait to Adopt Paid Sick Leave Policy

We recently posted about the City of Portland’s new paid sick leave ordinance and the terms and conditions under which employers with six or more employees must offer paid sick leave. We have also begun drafting employment policies that comply with the ordinance in anticipation of the January 1, 2014 effective date for the ordinance.… Continue reading City Commissioner Amanda Fritz’s Office Says Wait to Adopt Paid Sick Leave Policy

New I-9 Form Must Be Used Starting May 7, 2013

In early March, U.S. Citizenship and Immigration Services (USCIS) published a revised I-9 Form. The I-9 Form includes new fields, has been reformatted to reduce errors, and has clearer instructions for employers and employees. USCIS advises employers to begin using the newly revised I-9 Form for all new hires and reverifications immediately, but mandatory use… Continue reading New I-9 Form Must Be Used Starting May 7, 2013

Cease and Desist Letter to Former Employee and New Employer ≠ Libel

A recent case from the District of Columbia addresses whether an employee has a claim for libel against a former employer and its attorney for sending the employee and their new employer a cease and desist letter. In Murphy v. Livingsocial, the employee signed a Confidentiality, Intellectual Property, Noncompetition Agreement (the “Agreement”) when she was… Continue reading Cease and Desist Letter to Former Employee and New Employer ≠ Libel

Another Reminder – Termination of Employment at End of Disability Leave is Not OK

We previously posted about how employer policies that provide for automatic termination of employees who cannot return to work at the end of FMLA covered leave run afoul of the ADA. On a related note, an employer who fails to provide reasonable accommodation to employees at the end of an ADA based leave of absence… Continue reading Another Reminder – Termination of Employment at End of Disability Leave is Not OK

More on The City of Portland’s New Paid Sick Leave Ordinance

The City of Portland recently enacted a paid sick leave ordinance that requires employers in the City of Portland with 6 or more employees to provide eligible employees with 40 hours of paid sick leave per calendar year. Employers with 5 or fewer employees must provide 40 hours of unpaid sick leave per year. http://www.portlandonline.com/fritz/index.cfm?c=49205&a=439978.… Continue reading More on The City of Portland’s New Paid Sick Leave Ordinance

Refusal to Hire Employee who is not Christian Enough is Illegal

Typically, religious discrimination cases arise from employer refusals to accommodate religious observance.  A recent settlement reported by the EEOC sheds light on a different kind of discrimination – an employer who refuses to hire a qualified applicant because the applicant’s religious beliefs are not strong enough. Here is what happened: The employer advertised an open… Continue reading Refusal to Hire Employee who is not Christian Enough is Illegal

Washington Senate Seeks to Limit Seattle’s Sick Leave Law

According to The Olympian, the Washington Senate has approved a measure to limit Seattle’s sick leave law, which requires businesses with at least 5 employees to provide paid sick leave to those employees.  The measure prohibits local governments from enforcing the law unless the business is physically located in the local government’s jurisdiction, or if… Continue reading Washington Senate Seeks to Limit Seattle’s Sick Leave Law