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California

‘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.

It’s not your money! Never demand employees hand over their tax refunds

08/18/2011
Employees are entitled to their wages—and they can’t be forced (or persuaded) to turn over tax refunds to an employer.

Government agencies: Ensure last-chance agreements allow for pre-termination hearings

08/18/2011

Government employees have a few rights that private-sector employees lack. One is the right to “some sort of” hearing before being terminated. A public employee essentially gets the right to challenge the decision to terminate him before it is final. But what happens if the employee signs on to a so-called last-chance agreement?