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California

Be sure to document the effective date of all new disciplinary policies

02/02/2012
When you change a disciplinary policy, make sure you document exactly when the change went into effect. That way, an employee who is punished more severely can’t point to the earlier disciplinary actions as evidence he was unfairly singled out.

Can we ask about disabilities before hiring?

01/20/2012
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?

Can mental health problems be covered by the FMLA in addition to the ADA?

01/20/2012
Q. One of my employees recently informed me that she needs to take time off to seek psychiatric treatment. I realize that this employee may be disabled under the ADA, but could she also be considered to be suffering from a serious health condition under the FMLA?

California Supreme Court clarifies administrative employee exemption

01/20/2012
The California Supreme Court has issued a long-awaited decision in a case addressing the “administrative/production worker” dichotomy in determining if an employee meets the requirements for the administrative employee exemption from overtime under the California Wage Orders.

ICE cools down S.D. eatery that hired undocumented workers

01/20/2012
A San Diego restaurant and catering company’s nine-year history of hiring undocumented workers came to an end in late 2011 when the owner pleaded guilty to federal charges.

San Francisco janitors, former employer settle race-bias suit

01/20/2012
A group of seven San Francisco janitors will split $180,000 to settle an EEOC lawsuit that alleged ABM Industries discriminated against His­­panic employees and retaliated against those who filed discrimination complaints with the EEOC.

Fired disabled worker receives $40K from American Apparel

01/20/2012
Los Angeles clothing manufacturer and retailer American Apparel has agreed to settle an ADA lawsuit filed by a former employee who was fired while out on medical leave.

UCLA, professor charged in lab tech’s 2009 death

01/20/2012
A laboratory fire that killed a UCLA technician has resulted in felony charges against the university and Pro­­fessor Patrick Harran, who ran the lab.

You may be liable for subcontractor worker injuries

01/20/2012

Leasing employees may be conven­ient, but it comes with some risk—including unexpected liability for workplace injuries. If another organization’s employee gets hurt while working for you, you may be directly liable for the injury, even if he is collecting workers’ comp through his nominal employer.

Consider more time off as reasonable accommodation

01/20/2012
Sometimes, employees develop medical problems and use up their available leave under the FMLA or other leave programs before they get a definitive diagnosis. Think about offering them additional time off.