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Articles by James E. Hall, Mark T. Kobata, Marty Denis and D. Diane Hatch

Calif. Harassment Act May Affect Out-of-State Managers

August 1, 2006
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Employers with any operations within California are advised to review this law and its regulations, and harassment training of supervisors and all other employees everywhere is always recommended.
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'Stringent' Document Demand Results in Bias Claim

July 14, 2006
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Employers are advised to afford employees reasonable opportunity to correct discrepancies in their employment eligibility documentation when questions arise.
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Pot-Smoking Employee Need Not Be Accommodated

July 1, 2006
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Employers are cautioned that the medical use of marijuana will continue to be a contentious issue affecting employment policies and practices so long as federal and state laws continue to be in conflict.
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Exempt Status, Discipline and Damage Deductions

July 1, 2006
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Employers are cautioned that deductions from the salaries of overtime-exempt employees risk the loss of such exemption, unless expressly authorized by FLSA, its regulations or applicable state law.
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Under-reporting Hours Doesn’t Alter Exempt Status

May 25, 2006
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As long as salaried employees receive the appropriate portion of their salary each pay period, requiring the accounting of actual hours worked does not affect their exempt status.
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Posing a Threat Is Enough to Warrant Firing

May 25, 2006
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Employers should be aware that employees who make threats in the workplace, regardless of their depression or physical or other mental ailments, may be disciplined or discharged.
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Immigration Status Irrelevant in FLSA Case

May 12, 2006
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Employees of a Chicago restaurant filed suit against their employer for overtime pay, but before trial the employees asked the court for an order to bar testimony regarding the employees’ immigration status.
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No Right to Bear Arms on Employer Property

May 12, 2006
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Weyerhaeuser Co. operated a paper mill in Oklahoma and a policy barred employees from having firearms on company property and in employee parking areas. In October 2002, Weyerhaeuser used search dogs to identify vehicles that might contain drugs and a number of employees admitted having firearms in their vehicles and were subsequently fired.
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Employee's Return From Medical Leave Denied

May 2, 2006
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An ultrasound technician was unable to secure medical releases, either from her own or her employer’s doctors, and the company terminated her on the grounds that she was unable to do the job. The technician filed suit, alleging retaliation for filing a workers’ compensation claim and violation of the FMLA.
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