The HR Specialist: California Employment Law

It may be natural for supervisors to be upset when one of their key employees goes out on workers’ compensation or FMLA leave, but make sure managers know not to lash out.

{ 0 comments }

Nobody likes a serial litigator, but don’t fall into the trap of punishing an employee for repeatedly filing lawsuits.

{ 0 comments }

As of July 1, California colleges, universities and post-secondary schools are required to bolster their compliance with new state laws regarding policies concerning sexual assault, domestic violence, dating violence and stalking. This new law requires schools to enter into agreements with local law enforcement and report crime statistics.

{ 0 comments }

Federal employees have a much shorter time frame than other employees in which to complain about discrimination. In fact, they must go to their equal employment opportunity (EEO) officer within just 45 days of the alleged discrimination. But that time limit doesn’t apply if the employee has no way of knowing she was the victim of it.

{ 0 comments }

When the high school football coach at St. Patrick-St. Vincent High School in Vallejo, California learned that some of his players were hazing underclassmen, he reported it to his superiors. The high school investigated and expelled five students. It also fired the coach who reported the hazing. He sued the Catholic Diocese of Sacramento for retaliation.

{ 0 comments }

Are you considering settling an ADA accommodations case by paying a lump sum? Do you think the employee could do his job with an accommodation? Then keep good records of your accommodations process, the medical records you used to consider possible accommodations and other information about the employee, his job and his abilities.

{ 0 comments }

Employees at the Aura Thai restaurant in Long Beach, California will no longer be paid flat daily rates for their work. The practice certainly didn’t curry favor with U.S. Department of Labor investigators.

{ 1 comment }

Some supervisors may be tougher than others and some employees may not get along with a particular supervisor. It may be a matter of workplace philosophy or even personality conflict. And the employee may genuinely be so stressed and anxious that she needs medical or psychological treatment. But that does not mean that she can demand transfer to a different supervisor as a reasonable accommodation, a California court has ruled.

{ 0 comments }

Some public employees in civil service positions may challenge their discharge through the civil service system. But doing so does have its dangers.

{ 0 comments }

Employers that provide clear rules on what employees must do before being considered for promotions can reduce the possibility of failure-to-promote lawsuits. That’s because employees who don’t follow those clear rules can’t argue they weren’t promoted on account of their membership in a protected class. They lost out because they didn’t follow the rules.

{ 0 comments }