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California

Set clear job requirements to stop bias claims

09/19/2008

Employees who claim they were wrongly denied a promotion for some discriminatory reason (for example, based on race, age or some other protected characteristic) have the initial burden of proving they were qualified for the position they sought. The best protection employers have against such claims: clear, concise and accurate minimum job requirements …

DIR orders record fine for heat-related death

09/19/2008

California worker safety regulators fined Merced Farm Labor Contractor a record $262,700 for allegedly violating state regulations that required it to provide shade, water and breaks to its agricultural workers and to train supervisors and employees about how to lower the risk of employees suffering heat-related ailments …

Bill requiring mandatory sick leave stalls in committee

09/19/2008

The California Senate Appropriations Committee recently held up a bill that would have required all employers in the state to give workers paid sick leave. Under the bill, known as the “California Healthy Families, Healthy Workplaces Act,” employees who work in the state for seven or more days in a calendar year would be entitled to paid sick days …

Best Buy settles age bias suit claiming it favors younger workers

09/19/2008

Best Buy recently agreed to settle an age discrimination lawsuit with the EEOC that accused the company of failing to hire a 68-year-old applicant because of his age. Under the terms of the agreement, Best Buy will pay $17,500 to Reinhold Schouweiler on whose behalf the EEOC filed suit in 2007 …

Former legal secretary says firm reneged on disability payments

09/19/2008

A legal secretary who formerly worked for the law firm Townsend and Townsend and Crew recently filed a motion for summary judgment on her claim that the intellectual property firm owes her money under a long-term disability claim regulated by the Employee Retirement Income Security Act …

What’s the new law on paying temps?

09/19/2008

Q. Our company hires temporary workers to assist with various short-term projects. I recently read that a new law changes how these workers are paid. How does the new legislation affect employers? …

Isn’t there a California state program that covers paid family leave?

09/19/2008

Q. I understand that the state of California has a program that offers benefits to employees who require a leave of absence to care for a seriously ill child, spouse, parent or domestic partner. How does this program work? …

Must we pay employee who takes family and medical leave to care for relative?

09/19/2008

Q. One of our employees will be taking a protected leave of absence to care for her ill mother. Are we required to pay her for the time off? …

Take responsibility for preventing harassment, discrimination

09/18/2008

It isn’t enough to fix discrimination and end harassment when you find out about it. Under California’s Fair Employment and Housing Act (FEHA) your organization has a duty to prevent it …

Can we talk? A guide to political expression in the workplace

09/18/2008

The presidential campaign has everyone talking politics, and inevitably a lot of that talking takes place at work. As the campaign season moves toward the general election, many employers are re-examining their workplace policies concerning political activities and speech. Evidence suggests employers must educate employees concerning workplace political speech …