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California

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.

Can we make flu shots mandatory?

03/20/2013
Q. Because this season’s flu outbreak was so severe, next fall we would like to require all our employees to get a flu vaccine. We hope this will cut down on employee absences during flu season. Would such a policy be lawful?

California Supreme Court: ‘Mixed-motive’ applies in FEHA cases

03/20/2013
The California Supreme Court has issued a long-awaited decision on whether the “mixed-motive” de­­fense applies to employment discrimination claims under the California Fair Em­­ployment and Housing Act (FEHA).

NLRB sets date for new Kaiser Permanente election

03/20/2013
Forty-five thousand Kaiser Permanente employees in California will start receiving new union ballots April 5 following a National Labor Relations Board ruling that a 2010 election was invalid.

On meal and break pay, don’t expect a federal case

03/20/2013
Attorneys who represent workers on meal-and-break-pay claims like to keep those cases in state courts. Employers usually prefer the federal court system. But getting a case moved to federal court isn’t as easy as it used to be.

No duty to accommodate when performance is impossible

03/20/2013
Sometimes, there’s no way for an in­­jured employee to perform the essential functions of a job, despite medical intervention. When that’s the case, it may be time to look for other options.

Court OKs mandatory tip pools for those who serve customers

03/20/2013
The Court of Appeal of California has finally answered a vexing question: Employers can order em­­ployees who receive direct customer tips to turn over some of the money to be redistributed to other employees who provide additional services.

Keep thorough records of skills-testing processes and results to counter claims of bias

03/20/2013
Do you administer make-or-break tests that everyone must pass? If so, make sure you test everyone under similar circumstances. Keep careful records of testing conditions and test results. That way, if someone claims the test was biased, you can at least show it was administered fairly and impartially.