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California

Patience, paperwork: The right way to fire serial complainers

07/18/2008
Sometimes, employees who are having performance problems think that filing discrimination complaints will help protect their jobs. Word has gotten around that employees can win retaliation cases even if the discrimination claims they make are flimsy. But employers won’t lose a retaliation case if they can show that the employee really did deserve the discipline that followed the discrimination complaint …

Holiday premium isn’t the basis for overtime calculation

07/18/2008
Good news for California employers that pay their employees time-and-a-half for holiday work: You don’t have to cough up additional pay for overtime hours worked on a holiday …

Pair of cases shows how you can legally use arbitration, but standards are high

07/18/2008
Two recent cases involving arbitration clauses in employment demonstrate the danger of relying on arbitration agreements to avoid litigation. Federal courts decided one case, while California’s appellate courts decided the other. Both found unconscionable the arbitration agreements employers used. Therefore they were invalid …

New hands-Free phone law carries employer risk

07/18/2008
California’s hands-free cell phone legislation went into effect on July 1. Employers that don’t yet have a policy addressing driving while using a cell phone should create one now. Here’s why: If an employee is involved in an accident while breaking the law—by driving and using a cell phone without a hands-free device—the employer may be liable for any damages …

Bill would give private-Sector employees access to CalPERS

07/18/2008
The California State Assembly has passed a bill that would allow private-sector employees who don’t have employer-based pension plans to open individual retirement savings accounts with the California Public Employees’ Retirement System (CalPERS) …

Santa Clara firm fined for not accommodating lactating mom

07/18/2008
A Silicon Valley security services company has been fined $4,000 for failing to provide a private space for one of its employees to express breast milk. California regulators fined International Security Services, based in Santa Clara, after receiving a complaint from a new mother …

Albertsons settles final-Paycheck lawsuit, will pay $15 million

07/18/2008
California employees of several supermarkets and drug stores will receive their share of a $15 million settlement in a class-action wage suit. Approximately 200,000 employees of Albertsons, Lucky Stores and Sav-On Drugs will each receive up to $350 if their employment ended between Sept. 29, 1996, and Dec. 31, 2004 …

Are employee assistance programs required?

07/18/2008

Q. I understand that many companies offer employee assistance programs (EAPs) as an added benefit for employees who may have drug or alcohol abuse problems. Are we required by law to do so? …

We’d like to help an employee who may be a domestic violence victim

07/18/2008

Q. We suspect that one of our employees is a victim of domestic violence. What are the leave requirements for domestic violence under California law? …

Should we limit political talk at work?

07/18/2008

Q. With the upcoming presidential election, our employees have spent more time talking politics and debating candidates and their positions. Do we have an obligation to limit or prevent such conversations in the workplace? …