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California

What does the proposed Employee Free Choice Act involve, and what are its prospects?

04/17/2009

Q. The Employee Free Choice Act (EFCA) has been headline news as of late. What is this proposed legislation?

Expect ‘lawsuit tsunami’ in wake of Ledbetter Fair Pay Act

04/07/2009

On Jan. 29, President Obama signed the Lilly Ledbetter Fair Pay Act, which may be the most important change in anti-discrimination laws in decades. It applies to all pending compensation-related lawsuits, but limits back pay to two years. Employers can look ahead to many years of legal wrangling over the interpretation of the seven key words of the act: “a discriminatory compensation decision or other practice.”

Juggling vacation, military and family leave under new FMLA regs

04/02/2009

The FMLA now requires employers to give employees serving in the military (or who are next of kin to service members) up to 26 weeks of unpaid leave under specific conditions. While few employers begrudge military families such leave, unforeseen leave can pose scheduling problems as employers come into the summer vacation season.

Make solid case for axing good but toxic worker

03/20/2009

Sometimes, an employee is so disruptive that it doesn’t matter how well she is performing her job. Constant arguments, tension and other elements of a personality conflict can poison the work environment and drag down other employees’ performance. She’s got to go!

No-contest plea no bar to school employment

03/20/2009

If a defendant pleads nolo contendere, the criminal court system treats that as a conviction, even though a nolo contendere plea means the person neither contests the charges nor admits they are true. But then there’s the quirky realm of school employment, in which a wrinkle in the legislation governing who may work at schools means a no-contest plea isn’t necessarily a conviction.

Make sure all medical tests you require are truly job-related and necessary

03/20/2009

Watch out! Some tests you use to see whether employees or applicants are suitable for a job could screen out individuals with disabilities. You could wind up in court defending against an ADA claim.

Set ’em up, Joe! Restaurants can require servers to share tips with bartenders

03/20/2009

For several years, California courts have confused employers whose employees receive tips from customers. The question: What sort of tip pools can employers mandate? Iit wasn’t clear whether bartenders and others who don’t directly approach diners could share in the tips. Now, the answer is in from the Court of Appeal of California.

9th Circuit will rehear massive Wal-Mart class-action sex discrimination case

03/20/2009

The 9th Circuit Court of Appeals has agreed to reconsider whether an enormous sex discrimination lawsuit filed against Wal-Mart will proceed as a class-action case.

Stop retaliation against workers who tip off drug use

03/20/2009

Remind managers not to punish or otherwise retaliate against employees who report suspected drug use by fellow employees. Such tip-offs may constitute protected activity, and retaliation may lead to a lawsuit.

Employees can’t count on free attorney in most cases

03/20/2009

Sometimes, employees who want to sue their employers don’t have the cash for up-front fees lawyers demand. If the employee has little money, she may ask the court to find free legal representation. But that will work only if she’s already looked hard for an attorney herself—and the EEOC or another agency has concluded her case has merit.