The HR Specialist: California Employment Law

Not every unpleasant workplace incident is grounds for a lawsuit.

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A federal court has ordered an FMLA interference case to be sent to arbitration pursuant to an agreement an employee signed when he was hired.

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If you orally inform an employee that she will not be getting a promotion, an accommodation or some other benefit, make sure you note when that happened and what you said.

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Female employees don’t have to put up with workplace behavior that makes them uncomfortable under the pretense of a supervisor being friendly and welcoming.

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Make sure any demotions that happen to occur during FMLA leave are clearly unrelated to the fact that the employee exercised his FMLA rights.

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Be sure supervisors understand they cannot interfere with employees’ FMLA rights—and that any effort that appears intended to block FMLA leave will probably cause legal headaches.

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The U.S. Department of Labor Em­­ployee Benefit Security Administration has obtained a judgment against fiduciaries for the California Pacific Bank’s Employee Stock Ownership Plan after they failed to make employees whole following the plan’s dissolution.

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Sharp Healthcare, a San Diego regional hospital system, has agreed to pay $90,000 to a surgical scrub technician to settle charges it violated the ADA when it refused to hire her.

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It’s not enough to show the agreements were on an application or in the handbook and that the company policy required them to be signed.

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Courts considering an ERISA benefit claim may side with the insurer if the decision to deny a treatment was supported with evidence.

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