News & Analysis as of September 26, 2024

Supervisors

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

2018 Legislative Update for California Employers

Conn Maciel Carey LLP on 12/15/2017

California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC,...more

Failure to Train Managers and Supervisors Cost Company $284,000 for Violation of the Family Medical Leave Act

Clark Hill PLC on 11/16/2017

In Boadi v. Center for Human Development, Inc., a jury found an employer liable for interfering with an employee's exercise of her Family Medical Leave Act (FMLA) rights, awarding four years of back pay and benefits. The...more

Second Circuit Finds Human Resource Manager Personally Liable for FMLA Violations

Parker Poe Adams & Bernstein LLP on 4/6/2016

The Family and Medical Leave Act imposes liability for interference by the “employer” with leave rights. Typically, the disgruntled employee asserts FMLA claims against the company employing him or her, but the Act also...more

Second Circuit Holds That HR Director May Be Individually Liable Under the FMLA Based On “Economic Realities” Analysis

Proskauer - Law and the Workplace on 3/22/2016

It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers,...more

Inability to Work Under A Particular Supervisor Is Not a Disability in California

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/24/2015

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

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