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The HR Specialist: California Employment Law

The 9th Circuit Court of Appeals has sent to arbitration a labor/management dispute over union representation following several lawsuits that accused employers of acting in bad faith by refusing to accept the union as em­­ployees’ bargaining representative.

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The 9th Circuit Court of Appeals has sent to arbitration a labor/management dispute over union representation following several lawsuits that accused employers of acting in bad faith by refusing to accept the union as em­­ployees’ bargaining representative.

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Sometimes, employers have to stand their ground and refuse to try an un­­workable accommodation.

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The 9th Circuit Court of Appeals has ruled that former employees who believe they are missing out on ERISA-protected benefits have four years to sue for those benefits after their request is formally denied.

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Face it: One of these days, a disgruntled former employee will sue your organization. You can’t predict which one—or for what reason. That’s one of the most important reasons to keep detailed and meticu­­lous records on employee performance.

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It’s illegal for employers to use em­­ployees’ undocumented status as an excuse to avoid paying the minimum wage and overtime. But that’s not true in failure-to-hire cases—because if an applicant isn’t authorized to work, the em­­ployer couldn’t hire the worker at all.

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The Court of Appeal of California has clarified that employees taking California Family Rights Act leave are entitled to reinstatement to the same or an equivalent job only if they return at the end of their 12 weeks of leave or earlier. They can’t take additional non-CFRA leave to ex­­­tend their return rights.

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The National Labor Relations Board has announced its final rule on Notification of Employee Rights under the National Labor Rela­­tions Act. The proposed rule had been pending since December of last year. Now that it is final, employers have until Nov. 14 to put up an official poster stating that employees have a right to form or join a union.

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The EEOC and the New United Motor Manufacturing Inc. (NUMMI) have settled claims that the company denied benefits and locked out disabled workers before a plant shutdown in Fremont.

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The city of San Francisco has filed suit against a car wash for overtime and waiting-time violations. City Attorney Dennis Herrera and La Raza Centro Legal allege that Tower Car Wash, which has a contract with San Francisco to wash city-owned vehicles, failed to pay employees for the hours between when they arrive at work and when they’re permitted to clock in.

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