April 2002

WIN AT WORK MONTHLY

A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
	Win At Work KEEP TALKING The fighting begins when the talking stops. That’s why communication is essential in resolving workplace disputes. Attorneys are often accused of filing lawsuits first and asking questions later. Even though filing a lawsuit may be appropriate in some cases, in many it is not. Most world leaders would not think of waging war until all diplomatic measures had been pursued and exhausted. It shouldn’t be any different in resolving disputes in the workplace. In fact, with fewer players involved, you stand a good chance of success. In seeking to settle disputes, I don’t take a “no” as a final answer unless I have pursued all alternatives and possible avenues of resolution. Persistence pays off. A case may well settle for more money before filing a public lawsuit than would be awarded by a judge or jury. Saving time and money that would otherwise be expended on litigation is a good reason to settle. So keep talking.		Employee Rights Update CHANGES TO FAMILY LEAVE The federal Family Medical Leave Act (and the California Family Rights Act), allow employees to take up to 12 weeks unpaid leave to care for a seriously ill family member, or for their own serious illness. U.S. Department of Labor regulations put the burden on the employer to notify the employee that the 12 weeks are running. If the company fails to provide such notice, the clock never starts, and the employee is entitled to another 12 weeks! The U.S. Supreme Court recently overturned the regulation. The company must still provide notice, but the court held that the penalty – another 12 weeks of leave – was too harsh, and inconsistent with Congress’ intent to provide only 12 weeks. The ruling is bad for employees who may not realize they can lose their jobs after 12 weeks. The good news is that the rule does not (yet) apply under California law, though the courts may consider it. - Mark J. Keough, Attorney
		Update on our attorneys – Patrick Turner spoke on employee rights on a taping for a Cox Cable television broadcast. Stephen Kimball is currently conducting an extended-day trial on overtime issues.
Look for our answers to employees’ questions in the "Shop Talk" column of the Los Angeles Times’ Monday Business Section or the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. E-mail us at DDS@job-law.com to have your address added or removed from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:info@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column which has appeared in Times/Mirror Publications (including Los Angeles Jobs and Orange County Jobs) and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2002 by Don D. Sessions.