California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Monthly Archives: March 2011

Oral Complaints Of FLSA Violations Protected Against Retaliation; But Oral Complaints To Whom?

Posted in FLSA, Retaliation, Wage and Hour
The United States Supreme Court’s recent decision in Kasten v. Saint-Gobain Performance Plastics, Corp. makes clear that an employee need not make a written complaint, but can make an oral complaint, in order to be protected against retaliation for filing a complaint regarding violations of the Fair Labor Standards Act (FLSA).  However, did the Supreme … Continue Reading

That Negative Comment Posted On Facebook May Constitute Protected Activity

Posted in Labor Relations, Privacy, Social Media, Workplace Policies
The National Labor Relations Board (“NLRB”) is the federal counterpart of the Public Employees Relation Board (“PERB”). The NLRB is the body that oversees the administration of federal labor law, and PERB is the body that oversees the administration of California labor law. Recently, the NLRB prosecuted a complaint brought by its Connecticut regional office … Continue Reading

10 Things Employers And Employees Should Know About Social Media

Posted in Discrimination, First Amendment, Harassment, Privacy, Social Media, Workplace Policies
This post was co-authored by Elizabeth Arce The popularity of social media websites such as Facebook and Twitter have created new and unprecedented challenges for employers.  The New York Times reported recently that even commanders in our Armed Forces have expressed concern about troops playing with iPhones and BlackBerrys when they should be working.  Because the … Continue Reading

One-Strike Rule For Pre-Employment Drug Testing: Harsh Consequences Or Disability Discrimination?

Posted in Disability, Discrimination
This guest post was authored by Alison Carrinski Substance abuse by employees costs public agencies billions of dollars each year and results in increased absenteeism, injuries on the job, and health care costs.  Pre-employment drug testing is one way for public agencies to help deter and prevent drug abusers from gaining employment.  There are, however, … Continue Reading

Common Sense Prevails – An Employer Is Not Required To Rehire A Disability Retiree Who Is Medically Cleared To Return To Work

Posted in Disability, Discrimination, Retirement
This guest post was authored by Judith Islas Does an employee who retired because of disability, but is now medically cleared to return to work, have the right to get his old job back?  And, does the employer have an obligation to engage in the interactive process and agree to reasonable accommodations whenever a former … Continue Reading

A Disabled Employee Cannot Be Reasonably Accommodated: What Happens Next?

Posted in Disability
Public agencies are becoming more and more compliant with the obligation under the Americans with Disabilities Act (ADA) and California Fair Employment & Housing Act (FEHA) in conducting the interactive process dialogue with disabled employees to seek reasonable accommodation which will allow the employee to perform the essential functions of their jobs.  Where feasible, jobs … Continue Reading