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California

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.

Use statistics early to blow shaky lawsuits out of water

12/22/2009

Employees who sue for discrimination have to come up with some evidence before the case can advance beyond the initial stages—and before it gets progressively more expensive for employers paying the legal bill. Employers that fight back right away with statistics showing there was no discrimination can save big bucks in the long run.

Lawry’s Restaurants agrees to settle gender bias claims

12/22/2009

Lawry’s Restaurants recently agreed to settle a gender discrimination class action alleging that the chain hired only women for its food server positions. The EEOC filed the suit after Lawry’s Las Vegas restaurant refused to accept a male busboy’s application for an opening as a food server.

New rule on partial-day absence

12/22/2009

On Nov. 23, the California Division of Labor Standards Enforcement issued an opinion letter stating that employers may deduct vacation and sick leave banks for exempt employees’ partial-day absences of fewer than four hours without risking their exempt status.

Shoe’s on other foot now as Puma agrees to wage settlement

12/22/2009

Puma North America has agreed to settle a class-action lawsuit alleging that it failed to pay on time about $350,000 to hundreds of employees. Judge Valerie Baker Fairbank conditionally certified the class to include the company’s hourly, nonexempt retail store employees who received late paychecks between 2004 and 2008.

Keep the faith: You can accommodate religions in the workplace

12/15/2009

Two employees ask their boss to ax the company Christmas tree. A worker refuses to trim his dreadlocks, saying they are essential to his practice of Rastafari. A cashier insists she has a right to tell customers, “Have a blessed day.” Those cases have all wound up being tried in court. Employers can’t treat employees differently because of their religion, but that doesn’t mean religious accommodation is easy.

$118 million doesn’t begin to cover Broadcom scheme costs

12/15/2009

If you’ve ever been involved in litigation, you know that lawsuits can be complicated and costly affairs. Your case undoubtedly pales in comparison to one about to be resolved in the U.S. District Court for the Central District of California. About the best that can be said for the case, involving an alleged stock-options backdating scheme at semiconductor maker Broadcom Corp., is that the lawyers will be well paid.

Is an employee’s refusal to cooperate with an internal investigation a firing offense?

12/14/2009

Q. We have an employee who has declined to cooperate in a workplace investigation into an issue that could threaten our company’s operations. Can we terminate the employee for insubordination?

What’s up, doc? How to collect medical info under FMLA rules

12/10/2009
To determine whether an employee or family member has a condition that meets the FMLA’s definition of “serious health condition,” employers should review the medical certification they receive from the employee’s health care provider. One key section of the updated FMLA regulations clarifies who may request additional information about an employee’s FMLA certification—and how it should be sought.

Can we prohibit employees from receiving private packages at work?

12/09/2009

Q. Over the holidays, many of our employees received packages at the office. We are worried that this might be a disruption. Should we ban employees from receiving personal packages at work?