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California

No California recession on way, says UCLA Anderson Forecast

02/01/2008

The most recent UCLA Anderson Forecast lowered its California job-growth estimates from the already weak numbers that it forecast last year, but included a silver lining in an otherwise cloudy report by predicting that the state would avoid recession …

No employee right to use company e-Mail for union organizing

02/01/2008

The National Labor Relations Board has concluded that employers are free to forbid employee use of their systems for “nonjob-related solicitations.” The long-awaited decision says that an employer has the right to restrict use of its e-mail system based on its property interest in the computer equipment …

Sometimes it’s not what you do, but how you do it

01/01/2008

No one likes being treated poorly, and when shabby behavior is coupled with something as traumatic as losing a job, the treatment itself can be enough to start a lawsuit. That’s why it is crucial for supervisors and HR professionals to respect the dignity of each employee about to be discharged, no matter what the reason …

Odd applicant makes pre-Hire complaints? Proceed as usual

01/01/2008

Some applicants clearly have chips on their shoulders. Some go as far as to proclaim they think they are being discriminated against before they even have a chance to turn down job offers. As the following case shows, applicants can’t create retaliation cases simply by letting you know they think you are about to discriminate against them …

End of harassment investigation triggers filing period

01/01/2008

When it comes to filing a sexual harassment claim under California’s Fair Employment and Housing Act, employees have just one year from the date of the alleged sexual harassment to file a complaint. Missing that deadline bars the employee from suing. But sexual harassment rarely occurs in a vacuum, and there’s rarely just one incident …

Beware the impact of romantic affairs on other employees

01/01/2008

A workplace affair can wreak havoc if the couple breaks up—especially if one is a supervisor. There may be a sexual harassment claim lurking in the affair. But that’s not the only problem. Sometimes an office affair can create an uncomfortable situation for other employees …

Union fails to pursue grievance? That’s its problem

01/01/2008

If an employee’s union rep doesn’t file a grievance and your organization later fires the employee based on an incident that could have been the subject of the grievance, the union is most likely on the hook for any damages …

Caught on camera! Public employers can snoop on employees during fraud probes

01/01/2008

California has a tough statute that protects celebrities against the paparazzi. But California law doesn’t necessarily shield the privacy of public employees. Government agencies can order and conduct intrusive investigations if they suspect public employees are committing workers’ comp and benefits fraud …

Whistle-Blower alert: Don’t warn against reporting alleged wrongdoing

01/01/2008

What’s one of the quickest ways to a California Labor Code whistle-blower lawsuit? Discourage an employee from reporting to the government or law enforcement what she sees as possible illegal activity. If disciplinary action against a formerly good employee closely follows your discouraging words—watch out! Litigation won’t be far behind …

State minimum wage goes up

01/01/2008

California workers who earn the minimum wage will see their pay increase to $8 per hour starting Jan. 1, 2008. California and Massachusetts have the nation’s highest state minimum wages …