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The HR Specialist: California Employment Law

Make sure any demotions that happen to occur during FMLA leave are clearly unrelated to the fact that the employee exercised his FMLA rights.

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Be sure supervisors understand they cannot interfere with employees’ FMLA rights—and that any effort that appears intended to block FMLA leave will probably cause legal headaches.

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The U.S. Department of Labor Em­­ployee Benefit Security Administration has obtained a judgment against fiduciaries for the California Pacific Bank’s Employee Stock Ownership Plan after they failed to make employees whole following the plan’s dissolution.

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Sharp Healthcare, a San Diego regional hospital system, has agreed to pay $90,000 to a surgical scrub technician to settle charges it violated the ADA when it refused to hire her.

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It’s not enough to show the agreements were on an application or in the handbook and that the company policy required them to be signed.

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Courts considering an ERISA benefit claim may side with the insurer if the decision to deny a treatment was supported with evidence.

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The 9th Circuit Court of Appeals has ruled that service members in the armed forces seeking to enforce the Uniformed Services Employment and Reemployment Rights Act can be compelled to arbitrate rather than litigate in federal court if they signed an arbitration agreement.

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Don’t bury an arbitration agreement in an employee handbook that includes a disclaimer stating that the handbook is not a contract.

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A list of the most significant laws affecting private sector employers in California.

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U.S. Citizenship and Immigration Services is increasing filing fees associated with a significant number of immigration applications.

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On Nov. 8, Californians voted to legalize recreational marijuana for individuals over the age of 21.

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Q. My business conducts mandatory sexual harassment training for our employees. Which of our employees must attend our sexual harassment training, and what formats can we use to provide these trainings?

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How you set up bonus programs can have a big impact on your overtime budget.

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An employee could become so agitated that she develops an anxiety disorder that requires a reasonable accommodation—such as separating the harasser from her.

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As illustrated by recent headlines and high-profile allegations, sexual harassment is still a high-profile issue in American workplaces.

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If you want to avoid being considered a joint employer, limit the degree of control you exert.

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Make sure supervisors clearly understand that they cannot discriminate against employees who happen to associate with protected individuals such as children or other dependents with disabilities.

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Under California’s Fair Employment and Housing Act, disabled employees are entitled to reasonable accommodations that can include job modifications and even additional time off to recuperate.

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The EEOC has filed a class-action suit against Dash Dreams Plants in Dos Palos, Calif., alleging the orchid grower blatantly discriminated against pregnant employees.

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The U.S. Department of Labor’s Office of Contract Compliance Programs has filed suit against Palantir Technologies, alleging the Silicon Valley company systematically discriminated against Asian job applicants.

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