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California

Court limits document access in Cal/OSHA lawsuit

05/18/2012
A state Court of Appeals has ruled that Cal/OSHA does not have to produce 2,200 files covering several years in a lawsuit over enforcement of California’s regulations designed to safeguard workers from work-related heat illness.

Feds probe pay at restaurants in Los Angeles, San Francisco

05/18/2012
The U.S. Department of Labor’s Wage and Hour Division announced in April that it’s cracking down on alleged restaurant-industry violations of the Fair Labor Standards Act in Los Angeles and San Francisco.

New law cuts state funding in cities that restrict PLAs

05/18/2012
On April 26, Gov. Jerry Brown signed a bill denying state construction funds to cities that have ordinances that restrict the use of project labor agreements (PLAs).

Employer wins suit, but not legal fee reimbursement

05/18/2012
Congratulations! You just won a lawsuit filed by an employee who said you cheated him out of meal breaks. Now, can you get the employee to reimburse your legal fees? No, said the California Supreme Court.

Employee can’t sue union under California FEHA law

05/18/2012
Employees sometimes don’t agree with the way their union resolves complaints. But that doesn’t mean they can sue the union under the Cali­­for­­nia Fair Employment and Hous­­ing Act. They must use federal law as the basis for their lawsuits.

Arbitration agreement silent on class actions? Then, court says, they’re not allowed

05/18/2012
A California appeals court has ruled that if an arbitration agreement doesn’t say whether class-action arbitration is allowed, then it isn’t.

California’s wage-and-hour laws apply to everyone–even foreign-owned corporations

05/18/2012
Ignoring California’s wage-and-hour rules is a big mistake—no matter where an employer is based. When foreign-owned corporations assign employees to work in Cali­for­nia, California’s employment rules apply.

Ensure email policy spells out access rules

05/18/2012
When it comes to securing em­­ployees’ email accounts against internal hacking, leave nothing to chance. Make it clear that you forbid employees from illegitimately accessing co-workers’ email—and that it’s grounds for dismissal.

Worker loses lawsuit? Track new opportunities

05/18/2012
Many an employee has filed a lawsuit, lost … and found herself still working for the company she sued. Little wonder that she might sense retaliation in every subsequent action that hurts her career. Prepare for that possibility by making it a point to document how her supervisors treat her after her case runs its course.

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.