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

A case will go to arbitration even though the employer couldn’t find a signed acknowledgment page showing an employee agreed to arbitrate disputes. Because the employer made it a standard practice to have applicants sign such acknowledgments, the court said the employee was bound by the agreement.

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The decision to fire an employee doesn’t usually happen overnight. It’s typically a gradual process. Be sure you can show exactly when and how you made the termination decision.

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Acourt considering whether an employee suffered an adverse employment action has rejected the notion that reinstating an employee and expunging his record somehow makes his earlier discharge irrelevant.

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Some supervisors are more demanding than others. That’s no reason to sue, as long as the boss heaps demands equally on everyone, regardless of protected characteristics.

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The 9th Circuit Court of Appeals has concluded that employers are free to use past pay as the starting point for a compensation offer as long as they can justify the practice as having a legitimate business purpose. That’s true even if using past pay ends up perpetuating past pay discrimination.

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Employees who want to take FMLA leave must let their employers know. They don’t have to specifically ask for FMLA leave, but they do have to provide enough information for the employer to understand that the worker or a family member suffers from a serious health condition. Merely describing a chaotic life full of difficult events isn’t enough.

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As far as the federal Fair Labor Standards Act and California’s wage-and-hour-laws are concerned, how you label a job is absolutely irrelevant to its genuine exempt/nonexempt status. Classification is based solely on the work the employee performs. Put simply, calling someone a manager doesn’t make him one.

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The California Division of Occupational Safety & Health Standards Board has passed a new safety order to protect health care workers from workplace violence. It requires health care providers to develop workplace violence prevention plans, institute training programs and keep records on certain incidents of workplace violence.

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Palantir Technologies in Palo Alto has agreed to settle charges it discriminated against Asian applicants who sought engineering positions at the tech firm.

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Assembly Member Tony Thurmond (D-Richmond) has proposed raising California’s overtime threshold to the higher of $3,956 per month ($47,472 annually) or twice the state’s minimum wage for executive, administrative and or professional employees.

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