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California

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.

Paying nonexempt employees a salary? Be sure to get agreement on hourly rate

04/19/2012
Determining the amount of overtime pay depends on employees’ hourly rate of pay for the first 40 hours. That can sometimes be more complicated than it sounds, especially for employers that pay their hourly employees a set amount for their entire workweek, including overtime.

When employee files lawsuit after lawsuit, it’s time to ask court to stop new ones

04/19/2012
Some employees make a hobby out of suing employers. The next time you face a serial litigant, ask your attorney to try to persuade the court to ban further filings. More and more courts are willing to agree.