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Employment Lawyer Network:

Joseph L. Beachboard (Editor)

California Employment Law

(213) 239-9800

Click for Full Bio

Joseph L. Beachboard is a nationally recognized expert on employment law issues who speaks regularly at SHRM and other HR events. He also is a regular contributor to several national and California publications. In 2000, Mr. Beachboard sold The Labor Letters, Inc., a publisher of monthly employment law journals that he founded to advise human resource professionals. He is a founding member and executive director of the Management Employment Law Roundtable, a national, invitation only, organization of management labor and employment lawyers.

Don’t let assistive technology affect hiring

Warn hiring managers not to disregard an applicant because assistive technologies indicate he or she might be disabled. Those systems provide evidence of bias that can be used against you in court.

3 lawsuit-proof alternatives to layoffs

With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.

Beware basing starting pay on past salary

Think twice before using a new hire’s past compensation to set her new salary. According to a federal appeals court, that violates the Equal Pay Act.

California appeals court nixes meal break class action

A California appeals court has concluded that as long as an employer has not applied a written rest break rule that is illegal on its face, employees cannot pursue a class action against their employer based on the written rule. It’s a case of no harm, no foul.

Burgers & Beer chain settles discrimination suit

Burgers & Beer, a regional restaurant chain with locations in California’s Imperial and Riverside Counties, has settled EEOC charges that it discriminated against men who applied for jobs as waiters. According to the EEOC, the chain sought a totally female wait staff.

Hopeful worker gets extra time to sue

Employees who believe that their employer will act on discrimination complaints and make their workplace tolerable may get extra time to sue.

Consider including arbitration clause when settling employee’s lawsuit

According to a recent case, it’s perfectly fine to include an arbitration agreement in a settlement. That may keep the next claim out of court.

Ensure security procedures discourage sexual harassment, make it easy to spot

These days, more employers are using security screening to protect employees, customers and clients from potential violence. But those screenings can spur resentment, anger and—occasionally—charges of sexual harassment, as this recent case shows.

Beware two ADA traps: Perceiving obesity as a disability, making applicants pay for exams

Employers that cite obesity as a presumptive disability and then require an applicant to prove that he is not disabled are violating disability discrimination laws, the 9th Circuit Court of Appeals has ruled.

Beware creeping expectations for exempts

In today’s booming economy, with new workers in short supply, many exempt employees are being asked to do more nonexempt work and end up working longer hours. That’s a recipe for disaster.