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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.

Fixing misclassification? Pay the right amount

10/25/2011

Sometimes, it becomes clear that an employee has been misclassified as exempt when she should really be an hourly employee. Employers that want to fix the situation can do so and avoid a lawsuit by offering the employee double her lost overtime pay, plus interest going back either two or three years depending on how the mistake happened.

Have a progressive discipline system? Beware giving more leeway to younger employees

10/03/2011

It might make sense to give newer employees a bit more leeway when it comes to discipline for poor job performance. After all, sometimes it takes time to learn a job well. But if the newer employees happen to be younger than another, older employee who doesn’t get the same benefit of the doubt, you may spark an age discrimination lawsuit.

L.A. ‘hostess’ dancers sue for wage violations, harassment

09/20/2011
A group of dancers at a Los Angeles “hostess club” are suing for wage-and-hour violations, claiming the owners of Club 907 also subjected them to “exploitative, substandard and degrading working conditions.”

Does San Francisco car wash soak its Latino workers?

09/20/2011
The city of San Francisco has filed suit against a car wash for overtime and waiting-time violations. City Attorney Dennis Herrera and La Raza Centro Legal allege that Tower Car Wash, which has a contract with San Francisco to wash city-owned vehicles, failed to pay employees for the hours between when they arrive at work and when they’re permitted to clock in.

NUMMI pays $6 million to settle plant-closing suit

09/20/2011
The EEOC and the New United Motor Manufacturing Inc. (NUMMI) have settled claims that the company denied benefits and locked out disabled workers before a plant shutdown in Fremont.

Must we grant time off for rehab?

09/16/2011
Q. An employee recently confided to us that he has a drug problem and would like to take several weeks off to check into a rehabilitation program. May we deny his request?

Does the FCRA cover private eyes looking into workers’ comp fraud?

09/16/2011
Q. We suspect that one of our employees has filed a fraudulent workers’ compensation claim. We would like to hire a private investigator to gather information on his activities. By doing so, are we subject to the requirements of the Fair Credit Reporting Act?

What kind of time off must we grant for employees to attend school-related activities?

09/16/2011
Q. With the new school year under way, can you ­give me a rundown on the rules governing our obligation to grant workers time off to participate in their children’s school-­related activities?

NLRB issues final employee rights posting rule

09/16/2011

The National Labor Relations Board has announced its final rule on Notification of Employee Rights under the National Labor Rela­­tions Act. The proposed rule had been pending since December of last year. Now that it is final, employers have until Nov. 14 to put up an official poster stating that employees have a right to form or join a union.

Appeals court sends card check case to arbitration

09/16/2011
The 9th Circuit Court of Appeals has sent to arbitration a labor/management dispute over union representation following several lawsuits that accused employers of acting in bad faith by refusing to accept the union as em­­ployees’ bargaining representative.