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California

Document why discipline may have differed

03/20/2019
Before you discipline any employee, review how you handled similar situations in the past. If you decide to discipline more harshly in a new case, be sure to detail in your records exactly why.

Supreme Court upholds interstate driver arbitration agreement

02/22/2019
The U.S. Supreme Court has held that the Federal Arbitration Act did not apply to wage claims brought by an interstate truck driver, even though the plaintiff was classified as an independent contractor.

Chang, Chung employees say cha-ching! after settlement

02/22/2019
Fourteen restaurants in the greater Los Angeles area will pay 100 employees a total of $126,142 after U.S. Department of Labor Wage and Hour Division investigations found violations of the Fair Labor Standards Act.

Calif. State Senate pays ex-staffer $350,000 after sexual assault

02/22/2019
A former California State Senate staffer who alleged she was sexually assaulted by another Senate employee after a night out in Sacramento has accepted $350,000 to settle charges she was fired in retaliation for reporting the incident.

Document the factors you weigh for promotions

02/22/2019
Keep careful records of the factors you consider when making promotion decisions. That’s especially true if you don’t give much weight to objective factors such as past performance reviews.

Ensure employee has all parts of arbitration agreement

02/22/2019
Don’t exclude any parts of an arbitration agreement when you have a worker sign it. California courts won’t hesitate to toss out missing portions.

Reimburse employees when they use their cars for company business

02/22/2019
Here’s a reminder that in California, employers are re­­spon­­sible for making sure workers are reimbursed for any expenses they incur while doing their jobs if the expenses benefit their employer.

Be prepared to prove employee really did sign arbitration agreement

02/22/2019
If you are a California employer that uses arbitration to settle workplace disputes, you need a good system to prove that each employee signed off on the agreement.

Beware sexist slights, which can quickly add up to a hostile work environment

02/22/2019
Courts are becoming more sensitive to claims that what some may have long considered “harmless” behavior has a real effect on women’s careers and can create a sexually hostile work environment.

Include travel time pay when figuring OT

02/22/2019
Do you have workers you pay a set amount for travel time from one location to another during the day? If so, that payment probably must be included in “hours worked” for calculating overtime payments for the week.