The HR Specialist: California Employment Law

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.

{ 0 comments }

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.

{ 0 comments }

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.

{ 1 comment }

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.

{ 1 comment }

While the California Fair Employment and Housing Act (FEHA) requires employers to reasonably accommodate disabled employees, there are limits. One involves the permanent reassignment of essential functions to other employees.

{ 1 comment }

The California Supreme Court has agreed to review a case that enforced a class-action waiver and required a limousine driver to arbitrate his wage-and-hour claims.

{ 0 comments }

If you offer training to some, you must offer it to everyone else in the same classification who qualifies. Refusing to train some employees may be grounds for a discrimination lawsuit. Prevent such lawsuits by carefully documenting all training offers and how employees respond.

{ 0 comments }

The EEOC is suing UPS for race and religious discrimination and retaliation, alleging a Muslim of Jordanian descent working at the company’s San Bruno hub was subjected to physical and verbal harassment, including being called “Dr. Bomb,” “al-Qaida” and “Taliban.”

{ 0 comments }

Some employees think that merely declaring they have a disability means it’s up to the employer to figure out an accommodation. That’s not entirely true. The ADA accommodations process is an interactive one, requiring input from both employee and employer.

{ 0 comments }

In a significant decision for transportation companies operating in California, a federal district court judge recently dismissed several class-action claims brought by truck drivers who alleged meal and rest break violations under California law.

{ 1 comment }

Page 30 of 103« First...1020293031405060...Last »