Calvin Associates, Inc.

date »2016 »04

Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment 4-26-16

April 28 2016, 3:11 am Bruce’s Summary: The author’s give a fair warning for those employers who are facing retaliation claims from the EEOC. It appears that when depositions occur, “pursuant to its “recipe for retaliation claims,” the government will use any unfavorable deposition testimony as the “ingredients” in its likely forthcoming motion for summary judgement.” The authors warn […]

Employment Law Developments for Manufacturers 4-18-16

April 26 2016, 4:00 pm Bruce’s Summary: The 40 some year old DOL “Persuader Rule” allowed an exemption from having to disclose to unions the services provided and the amount paid for those services by outside third parties (usually law firms) so long as those third parties did not directly advocate or persuade employees against unionization, contractual arrangements between […]

New York Appeals Court Imposes Individual Employee Liability for Interfering with FMLA Leave and Retaliation 4-14-16

April 21 2016, 6:28 pm Bruce’s Summary: On March 17, 2016, the federal Court of Appeals in New York held for the first time that a human resources director and other managers can be liable for personally violating another employee’s rights under the Family and Medical Leave Act (“FMLA”). The Court applied the familiar “economic reality test” used under […]

California Court of Appeal Finds that Employers are Required to Reasonably Accommodate Even Non-disabled Employees 4-8-16

April 19 2016, 4:41 pm Bruce’s Summary: Be careful what you start, as an Employer, an exception may become a legally binding precedent. It appears that one Employer has opened that door and the court’s clarification of the FEHA’s pure language that, ““physical disability” in FEHA explicitly includes a person associated with a person with a disability.” According to […]

The Difficult Dilemma Facing Employers When It Comes to Threats of Workplace Violence 4-7-16

April 14 2016, 4:45 pm Bruce’s Summary: Workplace Violence, could it have been prevented and how? Haunting questions in a society of individual rights now somewhat outweigh the rights of the group. The NLRB protects certain provocative work-related speech, the Americans with Disability Act (ADA) may protect an employee who engages in conduct resulting from a psychiatric disability because […]

“Watch Out Employees: Comply with Policies or Lose FMLA Rights” 3-31-16

April 06 2016, 9:53 pm Bruce’s Summary: Follow company rules, what a concept! Well a federal court agreed with one employer, who terminated an employee for violation of its attendance Policy while on intermittent FMLA leave. Something about the employee not liking the notification rules requiring notification of the company of absences within 48 hours or two hours before […]