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California

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?

Arbitration agreement should stand on its own, separately from employee handbook

08/18/2011
Even if an arbitration agreement is fair and evenhanded enough to meet California standards, employers still have to clear the hurdle of showing that employees knew about the policy and agreed to it. That means making sure that employees actually read the document—or at least sign off that they did or had the opportunity to do so.

Pepsi pays $120K to settle Hayward ADA lawsuit

08/18/2011
Pepsi Bottling Group has agreed to settle an EEOC lawsuit filed on behalf of a truck driver at the company’s Hayward facility who claimed he was fired after requesting time off during a medical emergency.

Great America park sued for anti-gay harassment

08/18/2011
Two gay customers have filed a 10-count lawsuit against California’s Great America amusement park, alleging sexual harassment, discrimination, invasion of privacy and infliction of emotion distress.

‘Me-too’ evidence can show intent to harass

08/18/2011

Employees who are sexually har­assed at work can feel quite vulnerable, especially if they think they have been singled out for such treatment. When an employee finds out others have been treated just as badly, she may sue. Naturally, the employer’s attorney will try to exclude from evidence any incidents that occurred at other times or to employees other than the plaintiff. But now a California appeals court has permitted such “me-too” evidence.

Buying out business? Beware mass layoffs

08/18/2011
It’s a blow to companies intent on acquiring another business and replacing current employees with new workers: The California Supreme Court has ruled that local governments can pass “retention ordinances” that require new owners to keep existing employees, at least temporarily.

Must we accommodate this employee’s beliefs? She says witchcraft is her religion!

07/19/2011
Q. We have an employee who claims to be a witch. She contends that witchcraft is her religion and has asked for time off on certain “holidays.” Are we required to accommodate this employee’s request?

It’s an emergency! Can we fire worker whose volunteer firefighting duties cause absences?

07/19/2011
Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him on this basis?

Can we offer pizza instead of pay when employees must work through lunch?

07/19/2011
Q. Occasionally, when we receive a big order, our nonexempt employees are required to work through their lunch break. Although we do not pay them overtime for this work, we buy pizzas and sodas for all the affected workers. Is this lawful?