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California

Employment Lawyer Network:
California

Joseph L. Beachboard (Editor)

California Employment Law

Joe.Beachboard@OgletreeDeakins.com
(213) 239-9800

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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.

When contracting with temp or payroll services, make sure it’s clear who the real employer is

01/28/2011

Sometimes, it’s possible for an employee to have two employers. That’s often the case when a temporary service provides workers for a client, and both the temp company and the client exercise significant control over how and when the work is performed. But now there’s a new wrinkle.

New state law gives leeway on some meal, rest breaks

01/28/2011
The rules for meal and rest breaks just got a little more flexible for some California employers, following enactment of a new state law that exempts some construction workers, commercial drivers, security guards and utility workers from the state’s usual break requirements.

Apply harassment rules no matter who’s accused

01/28/2011
It’s not enough to have a sexual harassment policy. You had better be prepared to enforce it—no matter who is doing the harassing. In the following case, family ties cost a bundle for an employer that turned a blind eye to harassment.

No private ‘do-over’ if applicant flunks test

01/28/2011
Do you use standardized tests to determine if applicants meet the minimum requirements for a job? If so, remember this: An applicant who fails a fairly administered test (after receiving a conditional offer of employment) can’t go out and take the test privately and then demand reconsideration.

Three’s a crowd: Can an employee bring someone else along to his performance appraisal?

01/07/2011
Q. An employee has asked to have his wife present during his performance evaluation. Does he have the right to bring a representative?

What should we do? We’ve been lax about breaks

12/21/2010
Q. I am the HR director for a large company. We recently realized that we have not been providing nonexempt employees with any breaks during the day (other than a lunch break). What should we do?

How much access must we grant OSHA inspectors?

12/21/2010
Q. When an Occupational Safety and Health Administration inspector arrives at our workplace, must we allow him or her onto the premises?

Does religious accommodation mean paid leave?

12/21/2010
Q. One of our exempt employees has requested a partial day off to attend a religious service and contends that she should be paid for this time off as a “religious accommodation.” Is she correct?

Know your responsibilities under the EEOC’s final GINA regs

12/21/2010
The EEOC has published its final regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). They take effect on Jan. 10. The new regulations clarify when employers may be liable for acquiring genetic information.

Arnold’s last act: New contract scales back state pensions

12/21/2010
Members of Local 1000 of the Service Employees International Union, which represents 95,000 California state employees, have voted to accept a new labor contract that features significant pension reforms sought by Gov. Arnold Schwarzenegger.