The HR Specialist: California Employment Law

For the most part, courts don’t want to second-guess employer discipline. As long as you have reasonable rules in place, let employees know what those rules are and en­­force them consistently, most judges will uphold your disciplinary decisions.

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Eleven former exotic dancers at San Jose’s Pink Poodle strip club are suing, claiming they were misclassified as independent contractors and thus failed to receive minimum wages and overtime pay. Additionally, they claim the misclassification deprived them of health insurance.

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Custom Built Personal Training in Modesto, Ca. will have to whip its pregnancy-leave policy into shape after the EEOC threw its weight behind a fired employee’s lawsuit.

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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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