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California

Employment Lawyer Network:
California

Joseph L. Beachboard (Editor)

California Employment Law

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

Click for Full Bio

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.

Failure to pay overtime costs LA company $301,000

04/30/2019
Golden Life Supported Living Agency, a Los Angeles provider of services to clients with developmental disabilities, will pay $301,763 to 67 workers.

Arbitration agreements may not cover delivery drivers

04/30/2019
A California court has concluded that the Federal Arbitration Act, which makes the agreements enforceable, may not apply to delivery drivers engaged in interstate commerce.

Document why you decided not to rehire

04/30/2019
Sometimes, employers let employees gracefully leave instead of being fired. But what if the former employee later applies for a new opening?

Ensure your records show exactly when personnel decisions were made

04/30/2019
To prove retaliation, employees must show that the employer took some form of adverse action against them after they complained. That’s one reason employers must document all personnel decisions: So they can later tell a court exactly when an allegedly adverse action took place.

Ensure arbitration agreements apply equally to both employees and employer

04/30/2019
Arbitration can provide an easier, quicker and less expensive avenue than litigation for handling employment-related claims. But unless your arbitration agreement has been carefully reviewed for adherence to California contract law, the agreement may be struck down.

No FEHA accommodation required if it won’t enable disabled employee to perform job

04/30/2019
The California Fair Employment and Housing Act offers protection for disabled workers who need reasonable accommodations in order to perform the essential functions of their jobs. But that protection isn’t unlimited.

Court rules ministerial exception is limited

04/30/2019
The ministerial exception is based on the U.S. Constitution’s prohibition of state interference with religious practices. In a recent California state court case, a religious employer found the exception is limited.

Beat bogus bias claim with detailed account

04/30/2019
If an employee sues you for discrimination, you will need to put up a vigorous, detailed defense even if you have done nothing wrong. If you can counter the employee’s claim by explaining exactly what happened, that puts the ball back in the employee’s court.

Bill would add data-breach notification requirements

04/30/2019
A bill before the California Assembly would expand the types of data breaches requiring victims to be notified. Employers may regularly store several kinds of data that would be newly protected by Assembly Bill 1130.

How much leave do we have to grant for bone marrow donation? Must it be paid leave?

04/10/2019
Q. One of my employees plans to donate bone marrow. She will need to take time off for this purpose. How much time can she take off? Must it be paid, even though the decision to donate was not due to her own medical condition?