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California

ADA: Have employee suggest accommodations

11/16/2012
Some employees think that merely declaring they have a disability means it’s up to the employer to figure out an accommodation. That’s not entirely true. The ADA accommodations process is an interactive one, requiring input from both employee and employer.

Watch out! Employee who quits can still sue

11/16/2012
Think you can avoid a discrimination lawsuit by making life so miserable that an employee quits, making it unnecessary to fire her? Don’t bet on it.

Last-chance agreement can head off discrimination suit

10/22/2012
An employee you’re about to fire says he’s being discriminated against. If you think he’ll sue if you terminate him, consider offering him a last-chance agreement—all he has to do is promise not to sue for discrimination.

Focus on ability to perform duties if you worry worker may have mental or emotional problems

10/22/2012

What should you do if one of your employees seems to be having difficulty coping well at work? Start by not jumping to conclusions about his mental health. Instead, focus on behavior and document any apparent problems. Then, based on that observation, consider asking for a fitness-for-duty examination.

Must we provide benefits during leave?

10/22/2012
Q. Are we required to continue to offer our employees benefits while they are out on leave?

What are California’s requirements for providing sexual harassment training?

10/22/2012

Q. We know that we are required to conduct sexual harassment training for our employees. But we’re not sure which of our employees we are required to train and what formats we can use to provide the training.

California enacts important new employment law legislation

10/22/2012
The 2012 session of the California Legislature resulted in passage and enactment of several important employment law bills, including inspection of personnel files, workers’ comp and religious dress and grooming.

California Supreme Court to weigh class-action waivers

10/22/2012
The California Supreme Court has agreed to review a case that enforced a class-action waiver and required a limousine driver to arbitrate his wage-and-hour claims.

U.S. DOL launches probe of Southland garment industry

10/22/2012

The DOL’s Wage and Hour Division (WHD) has begun a multiyear enforcement initiative that could result in sanctions against Los Angeles and Orange County employers in the garment industry. According to the WHD, the garment industry consistently violates federal wage-and-hour laws.

Court sides with union on Costa Mesa outsourcing

10/22/2012
A California Court of Appeal has affirmed a preliminary injunction against the city of Costa Mesa, which attempted to contract out work currently performed by city employees.