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California

Get expert legal advice to make sure arbitration agreements are valid and enforceable

08/21/2012
The Court of Appeal of California has upheld an arbitration agreement included in an employee handbook. The difference between this case and the arbitration case in “Don’t bury arbitration agreement in handbook”: The agreement was clear and obvious.

Feds dig for dirt on SoCal landscaper pay compliance

08/21/2012
The U.S. Department of Labor’s Wage and Hour Division is targeting Southern California’s landscape industry, looking for contractors and subcontractors that pay workers less than minimum wage.

Poor economy dictates downsizing? You can fire employee who takes pregnancy leave

08/21/2012
Employers experiencing economic difficulties can cut positions if need be and not worry that it cost the job of an employee who was out on maternity leave. But beware! If the decision to cut the employee was based on her having taken leave, she can sue.

Don’t bury arbitration agreement in handbook

08/21/2012
The Court of Appeal of California has ruled that an arbitration agreement hidden deep in the recesses of an employee handbook can’t be en­­forced. The provision didn’t stand out, didn’t require a signature and could be changed by the employer at any time. The court said that rendered it unconscionable.

ADA doesn’t require commute-friendly transfer

08/21/2012
Disabled employees may ask for a transfer to a job closer to home to ease a difficult commute, but the ADA doesn’t obligate employers to help.

Do tips count as pay for the purpose of calculating an employee’s overtime rate of pay?

07/24/2012
Q. Some of our employees receive tips from cus­­tomers. Do we need to include those tips when we calculate these employees’ rate of pay for purposes of paying them overtime?

Do former employees have the right to demand copies of their personnel files?

07/24/2012

Q. We recently fired an employee who worked in our office. Several weeks later, our HR department received a phone call from the man demanding a copy of his personnel file. Are we required to send him a copy?

Can former part-timers collect unemployment?

07/24/2012

Q. Our company received a claim for unemployment compensation from one of our former part-time employees. Are part-time employees eligible to receive unemployment benefits?

Analysis: Supreme Court’s landmark health care reform decision

07/24/2012
On June 28, the U.S. Supreme Court upheld the Afford­­able Care Act. But the decision does not mean that the validity of the ACA is settled once and for all. Future legal challenges, and, of course, the November elections, may determine the law’s ultimate fate, but for now, prudence is the wisest course of action. Employers should proceed as if the law is constitutional.

Chapman U. sex bias settlement pays, promotes

07/24/2012
An assistant professor at Chapman University will receive $175,000 and a promotion as part of a settlement in a sex discrimination lawsuit filed against the Orange County institution.