The HR Specialist: California Employment Law

USERRA provides job protection for military-connected employees once they re­­turn from extended military service. Employers shouldn’t fire covered workers without good cause and solid reasons. Be prepared to show you would have taken the same action whether the employee served or not.

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Criti­­ciz­­ing employees for taking FMLA leave can mean trouble.

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The U.S. Department of Labor’s Wage and Hour Division (WHD) hopes to harvest some green from Watsonville, Ca.-based Fernandez Farms. According to the DOL, the farm failed to pay the minimum wage to workers brought into the country under the H-2B visa program.

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Yuba City, Ca.-based Dispatch Trans­por­­tation has settled an unfair labor practice charge with the Teamsters Local 137 and the NLRB.

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The California Supreme Court has decided that a single act of employee disobedience may not always constitute misconduct within the meaning of section 1256 of Cali­­for­­nia’s Unemployment Insur­­ance Code.

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Do you use independent contractor agreements that spell out details about how those independent contractors will get the work done? If so, you may soon face a class-action lawsuit from some of those contractors. That’s because the California Supreme Court has now made it easier to file class actions based on little more than what is in those contracts.

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Using arbitration agreements can save time and money by keeping cases out of the court system. But if the agreement isn’t drafted well, the end result may be more litigation rather than less.

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The California Supreme Court has ruled that federal immigration law does not preempt a California law that extends state law protections to all workers regardless of their immigration status. However, the court held that federal law does preempt state law on the issue of liability for lost wages for any period after an employer discovers that an employee is not authorized to work in the United States.

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The California Supreme Court has issued a long-awaited decision in an important arbitration case. The decision is generally good news for employers seeking to use class-action arbitration waivers to deter wage-and-hour class actions. It’s less helpful to those attempting to fight off wage-and-hour “representative” actions.

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The Yuba Skilled Nursing Facility in Yuba City has paid $1 million in back pay and benefits after the National Labor Relations Board (NLRB) ruled against it in an unfair labor practice complaint filed by the Service Employees International Union and United Health Care Workers West.

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