The HR Specialist: California Employment Law

Recent months have seen the NLRB take efforts to regulate employer activity in new and often unprecedented ways. Two recent attacks include challenges to “at-will” statements and disclaimers in employee handbooks and restrictions on an employer’s right to limit access to its property by off-duty employees.

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Your best defense to a failure-to-promote claim is proof that you posted the job but the employee never applied. But how do you prove that? With a policy that requires posting all internal openings and also requires employees to express their interest by actually applying …

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The U.S. Department of Labor has announced an enforcement and education initiative focused on the restaurant industries in Los Angeles and San Francisco designed to ensure FLSA compliance.

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The DOL has filed a lawsuit against Happy Hands Car Wash in Santa Ana, seeking back wages and liquidated damages. A Wage and Hour Division investigation found the car wash was manipulating its payroll records in order to underpay employees.

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You no doubt know that employers have to provide for meal breaks under California law. But how far do you have to go to force employees to actually take the break? It turns out, not very far.

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Here’s a warning if you use so-called noncompete agreements in your employment contracts: California courts generally don’t like them and are often quite hesitant to enforce them.

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Here’s something for small business owners to consider when purporting to terminate an employee for financial reasons. If the owner spends lavishly elsewhere, that may be evidence that money was just an excuse for a discriminatory termination.

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We all know that hiring managers are supposed to avoid personal or intrusive questions when interviewing job applicants. However, under some limited circumstances, getting answers to such questions may be relevant and necessary to the hiring process.

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A U.S. Department of Labor Wage and Hour Division investigation has uncovered willful FLSA violations by two Chan Dara Thai restaurants in Los Angeles.

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Nicollette Sheridan, an original cast member of TV’s “Desperate Housewives” series, has won a partial victory in her lawsuit over Touchstone Television Productions’ decision to kill off her character.

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