Joseph Beachboard

Q. Does the recent U.S. Supreme Court decision on same-sex marriages have any effect on us with regard to the Americans with Disabilities Act?

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Q. I heard that there have been increases in the IRS penalties that employers have to pay for failing to file (or filing incorrect) tax documents?

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At some point the question becomes not whether you need to dig deep into a case of workplace misconduct, but who you’re going to get for the task. Here are some guidelines.

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Q. As a California employer, I realize that I cannot discriminate against employees who belong to protected groups. But what if I mistakenly think that an employee is or is not a member of one of these groups, and accidentally treat him or her in a way that is discriminatory?

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Q. I hand a brochure titled “Job Information and Requirements” to each new hire I bring on board to my construction company. With the addition of new positions, I need to draft new brochures with job descriptions, but am having trouble determining the essential job functions. Is there a specific method that I can use to decide whether a job function is essential?

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Q. I recently posted want ads to hire new employees. Recently, I received a letter from someone who wants to sue me for “deterring applicants.” The ads that I sent out simply stated my company’s name and address, the position available and that applicants who are younger and live nearby are preferred. What did I do wrong?

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Q. Some of my construction employees must drive their personal cars to and from various work sites during work hours. Am I required to reimburse these employees for the miles they drive during this travel? If so, what is the amount per mile?

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What are the penalties for violating California WARN Act’s notice requirements? And are there any valid exceptions to them?

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Q. As a California employer, what forms and notices am I required to provide to employees I discharge? Also, are the forms and notices due immediately upon termination?

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Q. One of my employees recently asked me, in person, if she could view her personnel records. What does California law require?

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