The HR Specialist: California Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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The HR Specialist: California Employment Law

Here’s some good news for HR professionals and supervisors trying to manage the workforce: You don’t have to worry that ordinary functions like putting together performance reviews and making hiring and firing decisions will somehow be misconstrued as harassment.

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The presumption is that by discussing possible accommodations, the employer and worker will arrive at some sort of consensus. Employers that don’t take this seriously risk being sued for failing to engage in the interactive accommodations process.

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Think a simple written employment contract precludes other oral contracts? Think again. It is quite possible in California for an employee to win an oral contract claim despite an apparent written contractual agreement that seems to preclude just that, as a recent case shows.

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Sometimes an excellent employee who has received great reviews and consistent raises exhibits a sudden performance decline. When that happens, be sure to carefully document the changes in his or her work.

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If the facts alleged in a recently filed EEOC lawsuit turn out to be true, food wasn’t the only spicy item on offer at a Chipotle restaurant in San Jose.

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L.A. Lousianne, a Los Angeles jazz club, is headed to court after the EEOC filed a lawsuit alleging violations of the Pregnancy Discrimination Act.

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Cheryl Stanton is one step closer to becoming administrator of the Department of Labor’s Wage and Hour Division.

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The Supreme Court of California has unanimously held that a representative plaintiff in a Private Attorneys General Act case does not need to show good cause at the outset of litigation before the employer is required to produce the names and contact information of other allegedly aggrieved employees.

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Under some circumstances, an employer may be fully justified in requiring an employee to undergo a psychiatric or other medical exam. Doing so won’t violate the ADA if it is job related and consistent with business necessity.

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Courts generally bend over backwards to help plaintiffs who can’t afford an attorney when they try to represent themselves. However, once the case is over, that’s generally it.

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