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California

Bias complaint? Beware ‘helpful’ career advice

02/20/2013

It happens all too often: A supervisor hears that a subordinate wants to file a discrimination complaint and warns that following through might harm the worker’s career. It usually takes the form of a caution that complaining will brand the employee as a “troublemaker” and could cost promotion opportunities. The supervisor may genuinely believe that, but expressing it is a bad idea …

When discipline differs, be sure to document why

02/01/2013
Here’s a timely reminder that you should carefully document disciplinary actions and make sure there is no unintentional discrimination. The key is to thoroughly consider the appropriate punishment for each transgression, taking into account all the details.

Only employee–not his spouse–can sue for disability discrimination

01/22/2013
Only disabled individuals have the right to sue their employers for disability discrimination. A spouse or other family member, even if harmed by an employer’s discrimination, can’t bring his or her own claim.

For pay statements, does ‘total hours worked’ include vacation and PTO?

01/22/2013
Q. We realize that California requires pay statements to show “total hours worked,” but we’re confused about what exactly this means. Does this include vacation or paid time off that employees have earned?

What should we do? Client asked us not to assign employee who is now out on workers’ comp

01/22/2013
Q. Our company provides services to nursing homes. One of our therapists recently went out on wor­k­­ers’ compensation leave. The facility where she worked has since asked us not to reassign the employee back to its facility. However, we don’t have other placement options for this worker. Do we have any options?

What are California’s rules on employee access to personnel records?

01/22/2013
Q. An employee has asked to see his records. How soon do we have to respond?

Appeals court decision shows perils of pregnancy bias lawsuits

01/22/2013
A recent decision by the California Court of Appeal illustrates just how complicated and costly it can be to discipline an employee who is on protected leave.

San Francisco grocer held too much green

01/22/2013
The San Francisco grocery store chain Casa Guadalupe and its owner have agreed to pay more than $120,000 to settle a wage-and-hour lawsuit filed by the DOL. The owner admitted to investigators that he willfully failed to issue time-and-a-half overtime pay to employees who worked more than 40 hours in a week.

New California restrictions on employer access to social media info

01/22/2013
Amendments to Labor Code Chapter 2.5 implementing AB 1844 took effect Jan. 1. The amendments bar employers from asking employees or job applicants for any social media account information.

New California rules for commission compensation contracts

01/22/2013
A new law for 2013 requires Califor­nia employers that pay regular commissions to provide employees with a written contract detailing the formula for calculating commissions, as well as the method of payment.