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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.

Soon to be banned in California: Bias based on hairstyle

07/03/2019
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

07/02/2019
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.

EEOC national-origin bias suit cost $650,000 to settle

07/02/2019
Pape Material Handling, a Fresno company that sells, rents and services forklifts, has agreed to pay $650,000 to settle EEOC claims that it discriminated on the basis of national origin.

Never discourage laid-off employees from reapplying

07/02/2019
If you use economic reasons to justify laying off employees, be careful not to discourage them from applying for other jobs. That could be evidence you targeted them for termination for some unlawful reason.

Ensure each worker receives your arbitration agreement

07/02/2019
To bind workers to the terms of an arbitration agreement, employers must prove those workers actually received a copy.

In addition to applicants and staff, your customers have ADA rights, too

07/02/2019
Employers tend to focus on accommodating disabled applicants and employees, but forget about accommodating disabled customers. They may not worry about accessibility unless a disabled applicant or employee asks for accommodations. That can be a mistake.

Prepare for possibility of a lawsuit by documenting every HR decision you make

07/02/2019
You can never know which unhappy employee is going to sue you, or for what reason. That’s why it’s so important to document every HR decision and action. The more details you can include in your records, the better off you will be if an employee decides to sue.

Have attorney draft arbitration agreement

07/02/2019
If you’re interested in using arbitration as an alternative to costly and drawn-out litigation, you may be tempted to use a general, restrictive arbitration agreement for all states in which you have operations. That can be a big mistake if you also have employees in California.

Neither ADA nor FMLA require indefinite leave

07/02/2019
Disabled workers with serious health conditions have other time-off options once FMLA leave expires. But there is no requirement for employers to provide continuous, indefinite leave based on the mere hope that the worker will soon be able to return to work.

Farm labor contractor pays for seasonal worker violations

07/02/2019
J. Carmen Mora, a Northern California farm labor contractor, has paid $166,126 after a U.S. Department of Labor investigation found multiple violations of wage-and-hour rules.