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The HR Specialist: California Employment Law

Remind supervisors, managers and HR staff: Don’t brush off or make light of sexual harassment complaints. Doing so can just add more fuel to the fire. When employees are ignored, they may begin to see every slight that comes their way—getting the cold shoulder at meetings or missing out on promotions—as retaliation for voicing their concerns about sexually hostile behavior. And that can make them much more likely to file lawsuits against your company …

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California’s unemployment compensation law requires employers to pay into the system for all employees. Independent contractors, on the other hand, are on their own. That might make it tempting to redefine some employees as independent contractors. Don’t do so without careful guidance from your attorney! …

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California’s Fair Employment and Housing Act (FEHA) requires employers to make reasonable accommodations for an employee’s known mental disabilities. Under FEHA, something as simple as a new employee telling her manager that she has a learning disability and had taken special education classes triggers the employer’s responsibility to consider accommodations …

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As if you don’t have enough to worry about. Now a federal court interpreting California law has concluded that supervisors and managers may be personally liable if they don’t provide a harassment-free work environment or if they harass a disabled employee …

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Recently, a Superior Court for San Diego County issued a temporary restraining order to stop the city of Vista from releasing the personal information of employers registered to employ contingent workers. The decision came after Vista passed an ordinance requiring registration of anyone who hired day laborers from “uncontrolled locations” …

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A study in the July issue of the Journal of Occupational and Environmental Medicine found that workplace violence training for hospital employees occurs more frequently in states where the law requires such courses …

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A California Superior Court jury recently awarded a city firefighter $6.2 million in a lawsuit claiming race discrimination, sex discrimination, harassment and retaliation under the Fair Employment and Housing Act …

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California Superior Court jury in Fresno has awarded $5.85 million to a former Fresno State volleyball coach who filed a discrimination suit after she was fired in 2004. The award covered back wages, future lost pay and emotional distress …

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Fresno city policeman, who claimed the city forced him into early retirement following an on-duty motorcycle accident, has settled his age-discrimination and failure-to-accommodate claim for $825,000 …

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Under California law, you don’t have to pay employees for on-call time unless you “control” how they spend that time. If you structure their responsibilities properly, you don’t have to pay them for every hour they’re on call. You can even pay them a flat fee for their on-call shifts. The key is the amount of freedom you give the employees to choose how they spend their time while waiting for your call. The more time they can spend on personal activities, the better …

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