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California

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? …

‘Offering’ chance to quit may still be constructive discharge

07/01/2008
Employers commonly give employees a chance to resign rather than be fired. And employers often believe that as long as they get employees’ signatures on the “voluntary” resignation letters, they’re in the clear. That’s simply not true …

Don’t let trumped-Up excuses prevent sacking bad worker

07/01/2008
Employees who fear their jobs are in danger often try to find some way to protect themselves from being fired. For example, the employee will suddenly report sexual harassment, take FMLA leave or claim he or she has a disability that needs accommodation. Don’t dismiss those claims without an investigation …

Ensure employees know how to complain about retaliation

07/01/2008
You know that employees who complain about harassment or discrimination shouldn’t suffer retaliation. But do you have a mechanism in place that prevents such retaliation? If not, it’s time to come up with one. Nipping retaliation in the bud is far cheaper than defending it in court …

In hospitals, have evidence union messages upset patients

07/01/2008
Generally, employees have the right to wear union insignia in the workplace. But in some limited circumstances in health care settings, employers can restrict that right if the restriction is “necessary to avoid disruption of health care operations or disturbance of patients” …

Don’t count on vague leave language to limit care for employees’ family members

07/01/2008
The California Legislature concluded back in 1999 that employees should be able to use any sick leave their employers provide to care for sick family members—whether or not the employers’ policies allow them to do so. Employers can’t skirt that entitlement by not using the term “sick leave” or otherwise creating policies that are hard to pin down …

Good news: Court upholds limits on employee visits to chiropractors

07/01/2008
Good news for employers that ultimately bear the cost of workers’ compensation insurance and medical treatments: The Court of Appeal of California has refused to overturn legislation that limits the number of chiropractic treatments an employee can receive for any one industrial accident …

Sweep of garment manufacturers nets labor law violations

07/01/2008
California’s Economic Employment Enforcement Coalition (EEEC) has issued 42 citations following a California Labor and Workforce Development Agency sweep of 22 garment manufacturers in Los Angeles and Orange counties. In addition to citations, the EEEC issued fines totaling $457,000 …

Farm worker’s death prompts outcry

07/01/2008
Maria Isabel Vasquez Jimenez was a 17-year-old undocumented immigrant and pregnant when she died in May while pruning grapevines in 100-degree temperatures. It shouldn’t have happened, since California is the only state with a heat-illness standard for agricultural workers. Her employer, Merced Farm Labor, had already been issued three citations for violating the standards …

Tech writers’ wage-Hour suit gets class action status

07/01/2008
A California judge recently certified a class of about 250 to 300 technical writers employed by Sun Microsystems and SeeBeyond Technology who claimed they were misclassified as exempt from overtime pay and denied meal breaks …