• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

The HR Specialist: California Employment Law

Internally reporting illegal activity may amount to whistleblowing and may protect the worker from discharge, even if the employer has seemingly legitimate reasons for otherwise firing the worker. That’s one good reason to consult your attorney before terminating a worker who may be a whistleblower.

{ 0 comments }

Under California Labor Code section 351, employers may pool tips and distribute them in a manner that is “fair and reasonable.” What that means in practice depends on the circumstances.

{ 0 comments }

California employers beware: The 9th Circuit Court of Appeals has issued a landmark Equal Pay Act decision that may require you to make immediate changes to how you set starting salaries.

{ 0 comments }

Like a pride of lions flashing teeth and fangs, the California legislature is on the hunt in 2018. As has become an annual spring ritual, Sacramento politicians have once again proposed a progressive labor agenda.

{ 0 comments }

Maurizio’s Trattoria Italiana, a fine-dining Italian restaurant in Encinitas, California, faces charges it discriminated against a waitress because of her pregnancy.

{ 0 comments }

A trustee of a benefit plan for employees of an Oakland metalworking company must serve one year of probation and make restitution for violating the Employee Retirement Income Security Act.

{ 0 comments }

The California Labor Commis­sioner’s Office has ramped up wage-and-hour compliance investigations by its Bureau of Field En­­forcement unit.

{ 0 comments }

It’s fine to pay an hourly worker a set salary as long as it covers appropriate overtime. You may deduct from the salary if the employee doesn’t work enough hours.

{ 0 comments }

Do you want to push employment disputes into arbitration, but prefer to have a state or federal court hear any trade secret-disputes? Keep those agreements separate.

{ 0 comments }

Do you routinely include an arbitration agreement in your employment applications? It’s a good idea to keep copies of both, in case the employee later claims she didn’t understand what she was signing because of language barriers.

{ 0 comments }

Facts matter. Documenting those facts can make it much easier to defeat a challenge from either the worker or a state or federal government agency.

{ 1 comment }

Few courts want to mediate petty disputes. Judges have more important matters to attend to. Just ask the judge who issued a caustic ruling in this recent case.

{ 0 comments }

Company supervisors who make family leave decisions and manage FMLA administration can be held personally liable for violations. Until now, it was unclear in California whether that liability extended to supervisors who administer the FMLA at public agencies. It is now clear it does.

{ 0 comments }

The decade-long age discrimination litigation saga of 15 San Francisco firefighters has come to an end.

{ 0 comments }

President Trump has nominated Wash­ington, D.C.-area attorney Sharon Fast Gustafson to be the new general counsel to the EEOC. The general coun­­sel is the commission’s top litigator.

{ 0 comments }

While the proposed 2019 budget is needed to fund higher spending for the military, as well as to pay for the construction of a border wall and infrastructure repairs, there were few surprises in the FY2019 budget plan for cutting the budgets of federal labor and employment agencies.

{ 0 comments }

When separate entities seem to share common ownership and one dictates how the other operates, they may be joint employers. That may make them mutually liable for employment law violations.

{ 0 comments }

In order to win a disability discrimination case, a worker who claims she is disabled by pain has to show how that affects her ability to work. If the employee misses work but doesn’t explain why or that it’s related to her disability, she doesn’t have a case.

{ 0 comments }

Some employees who need reasonable accommodations may insist on having the option to work from home. That may be a workable solution for some positions. However, it won’t be appropriate for other jobs that require direct supervision or the employee’s physical presence in the workplace.

{ 0 comments }

Deciding not to investigate can backfire badly. Not only could your organization miss an opportunity to right a wrong, but the decision not to investigate may itself be evidence of bias.

{ 0 comments }

Page 1 of 7012345...102030...Last »