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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.

Tort claims possible over outrageous conduct

It’s rarely a good idea for bosses to impose their beliefs on subordinates.

Work with IT to capture agreement to arbitrate

Now that most hiring is handled electronically, it’s easier than ever to collect an employee’s acknowledgment that he agreed to the terms of an arbitration agreement.

Retaliation claim can live on long after original harassment claim is resolved

Employees who allege harassment are protected from retaliation for filing their complaints. Punishing such an employee can amount to illegal retaliation. Even something as minor as assigning more work for the same pay can look like retaliation.

Your best legal defense: Treat all employees fairly and equitably

Employers that always treat employees equally rarely lose discrimination lawsuits. That’s why HR departments should scrutinize every employment decision—hirings, promotions, demotions, firings, training assignments and so forth.

Use date-and-time-stamp to document when firing decision was really made

Having proof of exactly when you recorded the need for discipline can be useful if a claim winds up in court.

‘Ministerial exception’ may not cover schools

Back in 2012, the U.S. Supreme Court provided some limited protection for religious organizations in their role as employers. The court outlined a test for the exception, which consists of four factors. Here’s how that played out in a recent case.

OK to punish insulting language in complaint

HR specialists and managers know they can’t punish a worker for complaining about discrimination or many other internal complaints, including whistleblowing. But that doesn’t mean your hands are tied when the complaint itself is delivered in an outrageous way.

New California state law extends paid leave to eight weeks

Effective July 1, 2020, workers who receive paid family leave benefits under the California State Disability Insurance Program will be able to receive eight weeks of paid leave instead of the current six weeks.

Soon to be banned in California: Bias based on hairstyle

On June 27, the California Assembly passed Senate Bill 188, which broadens the definition of “race” in California’s anti-discrimination law to include “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.”

Fresno plumbing company settles in DOL overtime case

Following an investigation by the U.S. Department of Labor’s Wage and Hour Division, M&L Plumbing has agreed to pay $113,351 in back pay. The DOL found that the company owed 39 employees the money for unpaid overtime.