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California

It’s not just the FLSA—monitor and comply with state and local wage-and-hour laws, too

01/15/2025

Make it a point to monitor state and local wage-and-hour laws and prepare in advance to comply.

Legacy of pay discrimination just cost this employer $43 million

12/16/2024

The federal Lilly Ledbetter Fair Pay Act lets employees sue at any time for pay discrimination if their current paycheck reflects past discrimination. Thus, if a female employee discovers she’s being paid less than a man doing the same work, she can sue and receive back pay for at least two years’ worth of discriminatory paychecks.

Employers beware: Negligent hiring concepts still apply

11/13/2024

The concept of negligent hiring—and employers having to pay for the damage that may result—predates modern employment laws. It is based on the legal concept that employers are liable for illegal or negligent acts their employees commit if the employer knew or should have known that hiring the person would put others at risk.

Document—and date—every step of layoff process

11/08/2024

Once the word is out, some employees may take steps they think will save them from layoffs—or set up a potential lawsuit. That’s one reason to thoroughly document your layoff-related decisions and plans, even if those plans have not yet been announced. Here’s an example of how careful documentation worked to the employer’s advantage.

Provide any form of short-term leave? Better cover military leave, too

09/20/2024

The 9th Circuit Court of Appeals has ruled that the Uniformed Services Employment and Reemployment Rights Act requires employers that provide any form of short-term leave to also grant leave to members of the National Guard and military reserves so they can take time off for training or short deployments. In doing so, the 9th Circuit joined several other federal circuits in finding that USERRA requires employers to provide such leave.

Prepare to pay up if you insist on English fluency or prohibit other languages on the job

07/15/2024

While English is the dominant U.S. language, it certainly isn’t the only one spoken in our multicultural society. In fact, employers that insist on English fluency or prohibit speaking another language at work may find themselves running afoul of Title VII of the Civil Rights Act and other employment laws, as one employer recently discovered.

$360K reasons employers need EPLI insurance coverage

06/07/2024

Sometimes, the laws that govern conduct in the workplace conflict in ways that are almost impossible to reconcile. When that happens, litigation is sure to follow. That’s one reason it’s essential to carry employment practices liability insurance. It can help pay for legal costs, damages and settlements when employers find themselves caught between a rock and a hard place, as happened in this case.

Employ low-skill, entry-level workers? Avoid EEOC’s anti-discrimination crosshairs

05/08/2024

“Protecting individuals seeking entry-level or temporary jobs from discrimination” is an EEOC enforcement priority. For employers, that means low-skill, entry-level hiring patterns will be scrutinized for any sign that some applicants aren’t being hired because of their protected class.

Courts entertain First Amendment claims defending DEI

04/29/2024

Since the U.S. Supreme Court struck down affirmative action in college admissions last year, legislators in 30 states have introduced bills seeking to ban or limit employer-sponsored diversity, equity and inclusion programs. But two recent cases show that employers are fighting back by asserting their First Amendment right to free expression.

When one employee sues for race bias, brace yourself for a class-action lawsuit

04/10/2024

A California judge has given the go-ahead for a massive class-action race discrimination lawsuit against Tesla that may bring over 6,000 Black employees into the lawsuit. It’s the latest legal setback for the automaker, following years of lawsuits alleging Tesla tolerates racial discrimination and harassment at factories in California.