The HR Specialist: California Employment Law

A state appeals court has just reversed part of a jury award based on a new California Supreme Court requirement that employees prove that discrimination was “a substantial motivating factor” for the firing rather than merely a motivating factor. However, no such rule applies to har­­ass­­ment claims.

{ 0 comments }

The newly enacted Healthy Work­­places, Healthy Families Act of 2014 requires California employers to provide employees with one hour of paid sick leave for every 30 hours worked, starting on July 1. This is the first of a two-part series designed to get you up to speed on exactly what the new law requires.

{ 0 comments }

A plastering company in Ceres, California has agreed to patch things up with 208 current and former employees following a U.S. Department of Labor Wage and Hour Division investigation. The employees of Ace Commercial Plastering will receive $131,953 in back pay, the amount WHD concluded the company had sanded off their paychecks.

{ 0 comments }

Sal’s Mexican Restaurant in Fresno, California has agreed to settle a sexual harassment complaint filed by a former hostess. According to the complaint, the hostess was a teenager when a male supervisor continually propositioned her for sexual favors, grabbed her and required her to give him hugs and back rubs as part of her duties.

{ 0 comments }

You need clear lines of communication so employees can complain about workplace problems. That can protect you if an employee quits because of alleged harassment and then applies for unemployment benefits. He won’t be eligible if he never gives you a chance to fix the problem. Not using the company complaint process pretty much means the em­­ployee didn’t give his employer a chance, blocking benefits.

{ 0 comments }

If, like most employers, you use an arbitration agreement to avoid costly court litigation, put regular consultations with your attorney on your calendar. An expert needs to make sure that your agreement is as up-to-date as possible.

{ 0 comments }

The California Court of Appeal has yet again ruled against employers in an arbitration rights case. This time, the issue was whether employers can use arbitration agreements to limit so-called class- or collective-action claims. The apparent answer is “no.”

{ 0 comments }

Good news for employers that use arbitration agreements: Cali­­for­­nia will send such cases to arbitration even if they start as collective actions—if the arbitration agreement is clear, separate from other handbook provisions and not unconscionable.

{ 0 comments }

Here’s some good news. One single isolated comment about an employee’s advancing age or his country of origin isn’t enough to sustain a lawsuit claiming age discrimination.

{ 0 comments }

Do you sometimes require em­­ployees to use their personal cars during the workday for job-related tasks like going on appointments, making banking runs or other errands? You’re risking liability if the em­­ployee is in an accident and a jury decides he was negligent.

{ 0 comments }

Page 20 of 119« First...10...192021...304050...Last »