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California

Unmarried employee couple is expecting: Can both take FMLA leave?

04/23/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both workers put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

Health care reform: California weighs in on essential health benefits

04/23/2013
States will play an important role in implementing the provisions of the ACA. For California employers with between 50 and 100 employees, recent legislative developments may add some complexity to ongoing discussions about the ACA’s “shared responsibility” or “play-or-pay” requirements.

Hasty retirement benefits offer may show retaliation

04/23/2013
Before offering a retirement package that’s contingent on giving up the right to sue, make sure you comply with the Older Workers Benefit Protection Act (OWBPA) requirements. That includes giving the employee time to review the agreement and talk to a lawyer.

Another reason to let managers set their own hours

04/23/2013
Here’s incentive to give managers more control over their own schedules. It could prevent one dis­­gruntled employee from turning a simple lawsuit into a class action that covers everyone else with a similar job. That might make the difference between a small verdict and a huge one.

Operate in several states? Beware arbitration pacts referencing states other than California

04/23/2013
Employers that do business in several states often have a single employee handbook covering all workers at all locations. If that de­­scribes your organization, be careful about how you handle details like arbitration agreements.

If pieceworker has downtime, you must pay at least minimum wage for those hours

04/23/2013
Do you employ workers on a piece-rate basis but require them to stick around when things are slow or perform other tasks between the piecework? If so, watch out!

Serial complainer cries harassment? Investigate every allegation

04/23/2013
An employee can lose a sexual har­­assment lawsuit and still win on retaliation if she can show she was fired for complaining about harassment. Don’t let that happen to you.

Is 40 really too old to rock?

04/23/2013
A 40-year-old vocal teacher is suing the School of Rock chain of music schools, claiming she was harassed because of her age and wrongfully terminated in retaliation for engaging in protected activities.

‘Me-too’ evidence doesn’t prove specific bias

04/23/2013
Here’s some good news for em­­ployers: Employees can’t use “me-too” evidence pointing to widespread discrimination against many classes of employees if their initial claim only alleges discrimination against a specific subgroup.

Beware one-sided arbitration agreements

04/23/2013
A California Court of Appeal re­­cently held that an arbitration agreement was unenforceable because it was unconscionably one-sided.