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California

Employment Lawyer Network:
California

Joseph L. Beachboard (Editor)

California Employment Law

Joe.Beachboard@OgletreeDeakins.com
(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.

When sexual harassment accusations fly, investigate and discipline right away

05/02/2012
Here’s a lesson learned from an employer that responded correctly when an employee complained about sexual harassment. Not only did it conduct a thorough investigation that helped it win a lawsuit, but it also prevented another potential sexual harassment claim when it discovered even more egregious behavior—from the original complainant himself.

CalSTRS flexes muscle over Walmart bribe allegations

05/01/2012
The $153 billion California State Teachers’ Retirement System, which holds more than 5.3 million shares of Walmart stock, has sued the retail giant following allegations in April that executives in its Mexican division offered millions of dollars to Mexican officials in exchange for expediting building permits.

How should we manage unused vacation?

04/19/2012

Q. Several of our employees have compiled a lot of vacation time. Is there any way we can manage how much vacation leave time our employees accrue?

What are the rules for unpaid internships?

04/19/2012

Q. Our company has received a number of résumés from college students interested in working as unpaid interns for us during the summer months. Would hiring such unpaid internships violate federal or state laws?

New ADEA regulations final–with little help for employers

04/19/2012
On March 29, the EEOC issued a final rule amending its regulations regarding the “reasonable factors other than age” defense under the Age Discrimination in Employ­­ment Act (ADEA). The final rule will make it more difficult for employers to defend age-bias claims brought under the ADEA.

Worker gas deaths lead to hefty fines from Cal/OSHA

04/19/2012
Cal/OSHA has cited Lamont-based Community Recycling and Resources Recovery for 16 workplace safety violations after two brothers died from hydrogen sulfide gas exposure while working in a storm drain.

Harassment + retaliation + defamation = $168 million

04/19/2012
A federal jury in Sacramento unanimously awarded $168 million in damages and lost wages to a physician assistant for various claims lodged against her former employer, Catholic Healthcare West (CHW).

Comment alone won’t support hostile environment claim

04/19/2012

Some employees think all criticism equals harassment—the slightest insult triggers an angry response and a formal complaint. When that happens, investigate the claim. If there’s nothing to it, say so and move on. You may be sued, but chances are the case will quickly be dismissed.

Court: Professional licensure can require fingerprinting

04/19/2012
A federal court has upheld a Cali­for­­nia state requirement that nurses who want to renew or apply for a professional license must submit a set of fingerprints along with their applications. The prints are needed to conduct criminal background checks.

California federal court rules: Government agency must insure employee’s same-sex spouse

04/19/2012
In a case that’s already being appealed, a federal district court has ruled that a federal agency must enroll an employee’s same-sex spouse in the employee’s health care plan.