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If a disabled employee needs an accommodation so he or she can continue to perform the job, you don’t have to provide any accommodation that would be an undue hardship for you. Generally, undue hardship means that providing the reasonable accommodation would result in significant difficulty or expense, based on your resources and the operation […]
The U.S. Ninth Circuit Court of Appeals, which covers California, has released a controversial new opinion suggesting that the Americans with Disabilities Act protects misconduct stemming from a disability as part and parcel of the disability itself. The case involved Stephanie Gambini, an employee of Total Renal Care, Inc, who suffered from bipolar disorder. Gambini […]
The U.S. Equal Employment Opportunity Commission has released a new fact sheet explaining how the Americans with Disabilities Act applies to job applicants and employees in the healthcare industry–the largest industry in the American economy. The new publication is the latest in a series of fact sheets on specific disabilities and industries. It is available […]
Exit interviews are normally held with employees who have decided to terminate their employment or who have been discharged for cause. One purpose of conducting these interviews is to give departing workers the chance to express their thoughts, whether positive or negative, about the resignation or termination decision, as well as to offer their suggestions […]
The California Labor Code requires employers to repay employees for all necessary expenditures employees incur in performing their jobs. However, the law doesn’t provide guidance as to what precisely must be reimbursed and at what rates, or whether paying an increased salary or commission satisfies the reimbursement requirement. Now, the labor commissioner has issued proposed […]
We have an employee with what I think are mental health problems. The person has angry outbursts—not violent exactly, but pretty wild when they happen. My question is, how do we approach this person? I don’t think I should be saying, “Hey, I think you have manic depression,” but I don’t know what approach is […]
One of our current employees has referred a friend for employment under our employee referral program, which rewards employees who refer applicants if we end up hiring them. The employee mentioned that the friend uses marijuana for medical purposes. I don’t really want to consider this person because we are a drug-free workplace, but I’m […]
By a vote of 315 to 116, the U.S. House of Representatives has voted to approve legislation that would boost the federal minimum wage from $5.15 per hour to $7.25 per hour in three steps over a period of 26 months. The measure now moves to the Senate for consideration. Under the legislation, the federal […]
Tomorrow, February 1, is the deadline for posting the Cal-OSHA Form 300A, annual summary log of injuries and illnesses that occurred in 2006. The form must remain posted until April 30, 2007. Even if you had no recordable injuries or illnesses in 2006, you must still post a summary with zeros in the total line. […]
Under Labor Code section 2802, employers must indemnify employees for “all necessary expenditures or losses” an employee incurs in direct connection with performing his or her job duties. But employers, employees, and courts have grappled with issues such as what must be reimbursed and at what rates, and whether paying an increased salary or commission […]