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California

It follows California contract law: Employees have 4 years to sue for ERISA benefits

09/16/2011
The 9th Circuit Court of Appeals has ruled that former employees who believe they are missing out on ERISA-protected benefits have four years to sue for those benefits after their request is formally denied.

Understand CFRA leave limits: Employees’ reinstatement rights last just 12 weeks

09/16/2011
The Court of Appeal of California has clarified that employees taking California Family Rights Act leave are entitled to reinstatement to the same or an equivalent job only if they return at the end of their 12 weeks of leave or earlier. They can’t take additional non-CFRA leave to ex­­­tend their return rights.

‘At-will’ in peril: Warn managers to never use ‘permanent’ when describing jobs

09/16/2011

Remind managers and supervisors involved in the hiring process never to use the term “permanent” when discussing a job. Doing so may give employees ammunition should they later claim they are not at-will workers. Best practice: Have employees sign an acknowledgment that their em­­ployment is at-will.

Immigrant status counts in failure-to-hire cases

09/16/2011
It’s illegal for employers to use em­­ployees’ undocumented status as an excuse to avoid paying the minimum wage and overtime. But that’s not true in failure-to-hire cases—because if an applicant isn’t authorized to work, the em­­ployer couldn’t hire the worker at all.

Keep meticulous employee performance records

08/26/2011
Face it: One of these days, a disgruntled former employee will sue your organization. You can’t predict which one—or for what reason. That’s one of the most important reasons to keep detailed and meticu­­lous records on employee performance.

Can we require grooming standards without being guilty of religious bias?

08/18/2011
Q. Our company requires male employees to keep their hair short. However, a recent applicant has stated that his religion does not allow him to cut his hair. Will requiring him to cut his hair to get the job violate federal law?

Can we make a deaf employee and his boss learn sign language?

08/18/2011
Q. Our company recently hired a deaf employee who communicates exclusively by written notes. We are finding that this process is time consuming and adversely affects productivity. May we require that both the deaf worker and his supervisor learn sign language and terminate their employment if they refuse?

Make note if employee actually requests arbitration

08/18/2011
Arbitration agreements with onerous terms are sometimes struck down under California contract law. But in some cases, courts will grant arbitration anyway.

New law clarifies leave for organ, bone marrow donors

08/18/2011
Gov. Jerry Brown has signed legislation that spells out insurance and time-off requirements related to California’s new law that guarantees paid leave for employees who donate organs and bone marrow.

Ensure arbitration agreements are fair, reasonable

08/18/2011
If you intend to use arbitration as a way to manage employment discrimination claims and avoid court, make sure the agreement is reasonable. The more one-sided the agreement appears, the more likely a court will rule it unconscionable and unenforceable.