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California

Is it legal to dock pay for employee foul-ups?

01/14/2010

Q. Can I deduct the cost of an employee’s error from his or her paycheck?

Legal compliance starts at the very beginning—with hiring

01/05/2010

Protecting yourself and your organization from lawsuits starts the minute you decide to hire someone. Potential lawsuit land mines line your path. To stay out of court, build your hiring process around these principles:

9th Circuit chief judge escapes porn-at-work punishment

01/04/2010

The Judicial Council of the 3rd Circuit recently released its opinion dismissing a porn-related misconduct case against 9th Circuit Court of Appeals Chief Judge Alex Kozinski. The complaint, brought by a court administrator, accused Kozinski and two other judges of disabling the court’s Internet filters to download illegal pornography and pirated music without being detected.

Evaluating employee before return to work? Know difference between medical, agility tests

12/25/2009

Under the ADA, employers aren’t allowed to subject employees to medical tests unless they can prove that the examinations are job-related and consistent with business necessity. However, they can ask employees to perform agility tests. The line between the two is difficult to find. But get it wrong, and you may have an ADA discrimination case on your hands.

OK to tie incentives to continued employment

12/22/2009

The Supreme Court of California has ruled that employers are free to develop incentive payment plans that reward loyalty by requiring employees to stay for a period of time before earning the full benefit.

Call lawyer about new accommodation class

12/22/2009

The 9th Circuit Court of Appeals, with jurisdiction over California employers, has ruled that the federal Rehabilitation Act covers discrimination claims brought by an independent contractor. The Rehabilitation Act applies to federal agencies, government contractors and organizations that receive federal funding.

You might want to sit down: New class-action danger arises

12/22/2009

California employers are popular targets for lawyers looking for the next big lawsuit hit. They may have found a new one right under their … well … butts.

Beware ‘injury discrimination’ suits for failing to treat injured workers like other employees

12/22/2009

California law makes it illegal for employers to discriminate against employees who are hurt at work. For example, if an employer requires those hurt at work to use vacation time for medical appointments while other employees can take sick leave, that would be illegal discrimination.

Joint-employer status may come down to who cuts the paychecks

12/22/2009

You may be liable for wage-and-hour violations involving people you don’t ordinarily think of as actual employees. That’s because California uses a long list of factors to consider when deciding whether someone is an employee. One of those factors: Who provides the individual’s paycheck and makes tax deductions? Another factor: Who gives directions to the worker?

Settlement offer can’t be used against you later

12/22/2009

Offering an employee a severance payment in exchange for releasing any legal claims won’t be used against you. Courts want to encourage dispute settlement—and if severance offers could be used against employers later in court, cases would rarely be settled.