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Apr

18

2018
  • Posted by: Kalani Morse
  • News

Burritos and Bad Behavior: EEOC Sues Chipotle after upper management failed to intervene

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EEOC Sues Chipotle after upper management failed to intervene when male employee complained of female store manager's explicit sexual behavior and retaliation ensued.

Restaurant manager allegedly sexually harassed male shift manager at a San Jose store by discussing her own sex life, posting a daily "sex scoreboard" in the office to track the staff's sex lives, making lewd comments and propositions, and frequently groping and grabbing his privates.

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Apr

08

2018
  • Posted by: Kalani Morse
  • News

9th Circuit Gifts Easier Tracking to Employers with Tipped Employees:

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Hawaii, Arizona, and Idaho employers may assign some non-tip generating duties and still take the tip credit without minute-by-minute tracking of tipped vs. non-tipped duties.  See Marsh v. J. Alexander's LLC, No. 15-15791 (9th Cir. Sept. 6, 2017).

A waiter at an Arizona restaurant claimed he was entitled to non-tip-credit pay for every minute he spent on non-tipped work because he spent over 20% of his time doing non-tipped tasks and "not related" activities. 

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Apr

02

2018
  • Posted by: Kalani Morse
  • News

Remember: ADA likely still applies after medical leave is exhausted!

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EEOC sues Blood Bank of Hawaii for terminating employees needing more leave than FMLA allowed:

https://lnkd.in/guicx_Q

Employers should keep engaging in the interactive process and only deny accommodations or proceed with terminations once they have established an undue hardship, preferably backed by medical documentation. The other possibility is where there is a clear lack of participation/communication in the interactive process by the employee.

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Mar

28

2018
  • Posted by: Kalani Morse
  • News

Beware of Maximum Sick Leave Policies: UPS just paid out a $2 Million settlement last month.

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The EEOC sued UPS for maintaining an "inflexible" leave policy that terminated employees automatically after being out on leave for more than 12 months.

While few employers are likely to be expected to accommodate such a long and extended leave, the issue here was the total lack of any interactive process.  

 
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