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California

You may be liable for harassment of nonemployees

05/20/2011
Employees shouldn’t have to endure sexual harassment, whether it comes from another employee or someone outside the company.

Lawmakers urged to reject new labor contracts

05/20/2011
The nonpartisan California Legislative Analyst’s Office (LAO) has urged state law­makers to consider rejecting some or all of six new collective bargaining agreements negotiated with state employee unions in March.

Discuss retirement after layoff decision has been made

05/20/2011
Timing is everything. Suggesting retirement before any decision has been made to terminate an employee may show age discrimination. Discussing it after informing the employee that he’s been terminated doesn’t.

For trusted public employees, unsavory off-duty conduct can amount to a firing offense

05/20/2011
Most employees can’t be fired for their legal, off-duty activities. But that’s not true for some government employees. For example, police officers, judges and teachers have a higher duty to the citizens they serve, and they can be terminated for off-duty conduct.

When workers’ comp and disability collide: 100% disabled worker may deserve accommodation

05/20/2011
Don’t make a common employer mis­take and assume that someone who is declared 100% disabled under a workers’ compensation claim can’t also be entitled to reasonable accommodations for a different job.

Be prepared to prove you had reasonable cause to deny reinstatement after FMLA leave

05/20/2011
Employers that deny an employee the right to reinstatement after protected FMLA leave must make sure there’s solid proof that there was a rational reason for doing so. As a practical matter, that means employers must show that the employee would have lost her job regardless of whether she took FMLA leave.

Ensure arbitration agreements are clear, fair

05/20/2011
Given their druthers, courts would just as soon rule that employment arbitration agreements are valid—and send them back for an arbitrator to settle. But employers must help by making those agreements easily understood, fair and not entirely one-sided.

Note accommodation offers, employee’s response

05/20/2011

Employers and disabled employees are supposed to engage in an interactive process to decide on reasonable accommodations. It should be a two-way conversation. If you suggest possible accommodations and the employee either turns them down or doesn’t follow through, make sure you create a solid, contemporaneous record of the discussions.

Court: Discipline OK if disabled worker makes threats

05/20/2011
It’s been an open question whether Cali­for­nia’s Fair Employment and Hous­ing Act allows employers to punish a mentally ill employee whose disease makes her act out. Now the answer is clear: You can punish mentally disabled employees for threats or violence against co-workers.

What’s the law on granting time off for workers who want to attend kids’ school activities?

04/20/2011
Q. Several of our employees have requested time off for their children’s end-of-year school events. What is our obligation to grant workers this time off?