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California

Sexual harassment settlement costs $462,500 for Irvine firm

11/18/2011
A pool supply company recently agreed to settle a lawsuit brought by the EEOC accusing it of sexual har­ass­ment, retaliation and constructive discharge. Irvine-based Aqua Tri will pay $462,500 to 18 Hispanic workers.

$17 million at stake: Are real estate agents nonexempt?

11/18/2011
The California Labor Commissioner is suing ZipRealty Inc., claiming the company owes unpaid wages to hundreds of real estate agents. The lawsuit is seeking minimum wages in excess of $7.5 million, overtime compensation in the amount of $1.25 million—plus damages and ­penalties of over $9 million.

Explore easy accommodations if employee can’t walk well

11/18/2011
Before you ignore an employee who complains he has a hard time walking, consider the consequences of denying a reasonable accommodation. If a jury finds that the employee is disabled, you may be liable. Instead, explore the problem and make simple accommodations if at all possible.

Institution has last word for state higher-ed whistle-blower

11/18/2011
Good news for public colleges and universities: When staff blow the whistle on alleged wrongdoing and the institution has a sound policy for dealing with such allegations, the employee can’t also take the claim to federal court.

When crafting arbitration agreements, consider effect of PAGA on class actions

11/18/2011
It’s hard to create binding and en­­forceable arbitration agreements in California. Some courts considering California arbitration agreements have held that actions brought by em­­ployees under the California Private Attor­­ney General Act of 2004 (PAGA) can’t be blocked by arbitration agreements.

You can survive a harassment lawsuit! Help your cause by acting fast

11/18/2011
Even if a manager says or does something incredibly stupid, you have a chance to fix the situation and avoid losing a sexual harassment lawsuit. That’s true even under Cali­for­nia’s strict rules. Don’t wait to respond to a complaint. When you act, act decisively.

New California laws have employment implications

11/18/2011
From electronic employment veri­­fication to maternity insurance, Cali­fornia employers have new issues to consider, following recent enactment of these laws:

If you spot FMLA mistake, go ahead and fix it

11/18/2011
Here’s something to consider if you discover an FMLA leave mistake: Just fix it. If you erroneously imposed some kind of discipline for violating your attendance rules, rescind it. Chances are a court won’t hold your error against you.

Don’t want class-action arbitration? Say so

11/18/2011
When claims involve unpaid overtime or misclassification, attorneys representing employees naturally want to handle the case as a class or collective action. Some employers think that if they include an arbitration agreement in their terms and conditions of em­­ploy­­ment, a wage-and-hour claim has to go to arbi­­tra­­tion as an individual claim. That’s not necessarily true.

Solving for the unknown: No duty to accommodate disability that employee never revealed

10/31/2011
Some disabled employees never tell employers about their con­­ditions—even if their disability could affect performance. And of course you know you shouldn’t treat employees as disabled unless they claim a disability. But what if you fire someone for poor performance?