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California

Arbitration agreement buried in job application? Have your attorney review it ASAP

01/20/2012
Do you include an arbitration agreement in your employment applications? If so, it may not be enforceable, according to a recent decision by the Court of Appeal of California.

Boss recommends firing minority worker? Check the record for hidden supervisor bias

01/20/2012
Some supervisors may be secretly biased against members of a particular protected class—something that may be hard to tell until it’s too late. And if a bigoted boss decides to get rid of a subordinate by telling HR the employee is a poor per­­former, rubber-stamping that decision can mean losing a discrimination lawsuit.

Take 10: How to handle the California Labor Code mandate to provide midshift breaks

01/20/2012
California’s Labor Code requires employers to give covered em­­ployees a 10-minute break or rest period during each four-hour work period. Many em­­ployers have wondered how far they have to go to make sure employees take their breaks …

Immunize hiring processes against bias suits

01/20/2012
With so many qualified people applying for jobs these days, it’s much harder for unsuccessful candidates to win hiring discrimination lawsuits. That’s because em­­ployers choosing the best candidate often zero in on one bit of experience or a skill that stands out from other applicants. It’s hard to argue that that’s discrimination.

Set formal schedule for off-hours meetings

01/20/2012
California employees who report to work and then are sent home are generally entitled to at least a partial payment for that day. If you regularly have mandatory workplace meetings that fall outside some employees’ regular workday, consider scheduling those meetings for a specific time period. As the following case shows, that could save some money.

The dozen leave laws California employers must know

12/16/2011

Dealing with the multitude of federal and state laws governing leaves of absence in California can leave employers feeling lost and dis­­oriented—and expose even the most well-intentioned employer to liability. The best prevention is education.

San Francisco janitors reach accord to end bias suit

12/16/2011

The EEOC recently entered into a consent decree resolving a race discrimination lawsuit with ABM Industries. The federal agency sued the company in 2009, claiming it discriminated against Hispanic janitors who worked in San Francisco office buildings.

Harassment among the orchids yields settlement in Oxnard

12/16/2011
One of the largest orchid farms in the United States—Cyma Orchids in Oxnard—will pay $240,000 after the EEOC moved to root out an infestation of sexual harassment.

Simply failing to find work doesn’t prove defamation

12/16/2011
When employees are fired, they may have a hard time getting another job. Sometimes, they suspect their former employer is providing a bad reference. And often, a defamation lawsuit will follow.

Employees must apply before suing for failure to promote

12/16/2011
Supervisors don’t have crystal balls that help them tell the future or read employees’ minds. Unless an em­­ployee expresses an interest in being promoted, they don’t have to consider him for open positions.