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The HR Specialist: California Employment Law

If a woman who has been fired sues for pregnancy discrimination, she doesn’t have to prove that her pregnancy was the sole reason for the termination. She merely has to show that it was a motivating factor.

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Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.

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Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.

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Disabled employees are entitled to reasonable accommodations. But that doesn’t mean they get to select the one accommodation they prefer. As long as the accommodation is reasonable, the employer gets to choose which one best fits the situation.

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Delano Regional Medical Center has agreed to pay almost $1 million to settle a lawsuit filed by the EEOC and the Asian Pacific American Legal Center on behalf of a group of Filipino-American workers.

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The DOL’s Wage and Hour Division (WHD) has begun a multiyear enforcement initiative that could result in sanctions against Los Angeles and Orange County employers in the garment industry. According to the WHD, the garment industry consistently violates federal wage-and-hour laws.

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Here’s good news: When an employee claims she was fired for filing a workers’ compensation claim, she can’t pursue the lawsuit as a wrongful-discharge claim. She’s required to sue under the workers’ compensation law.

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Employers that engage independent contractors sometimes require them to sign an agreement stipulating that any disputes over the contract must be settled through arbitration, not in court. However, having such an agreement doesn’t mean a court can’t decide whether those workers are, in fact, independent contractors or employees.

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A California Court of Appeal has affirmed a preliminary injunction against the city of Costa Mesa, which attempted to contract out work currently performed by city employees.

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The U.S. Department of Labor’s new crackdown on alleged wage-and-hour abuses in the Southern California garment industry has resulted in its first legal action.

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