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Employment Lawyer Network:

Joseph L. Beachboard (Editor)

California Employment Law

(213) 239-9800

Click for Full Bio

Joseph L. Beachboard is a nationally recognized expert on employment law issues who speaks regularly at SHRM and other HR events. He also is a regular contributor to several national and California publications. In 2000, Mr. Beachboard sold The Labor Letters, Inc., a publisher of monthly employment law journals that he founded to advise human resource professionals. He is a founding member and executive director of the Management Employment Law Roundtable, a national, invitation only, organization of management labor and employment lawyers.

Expect courts to give leeway to pro se litigants

Just because an employee doesn’t have an attorney, don’t expect his discrimination case to be quickly dismissed. In fact, many federal judges will try hard to help such pro se litigants.

Per diem payments aren’t wages for overtime purposes

Do you pay a per diem to employees who work away from home for several days or more? It’s not compensation. That means per diem payments should not be included in the base pay you use to calculate overtime wages.

When slur was an isolated incident, discipline, warn not to repeat—and move on

Sometimes people—including supervisors—say or do stupid and offensive things. But an employer doesn’t always have to terminate the offending employee.

Discrimination lawsuit defense: Show boss didn’t know of protected status

One defense to discrimination claims is that the alleged discriminator didn’t know what protected class the employee hails from, and therefore couldn’t discriminate based on that characteristic.

Risky assumptions: 9th Circuit adds clarity to ADA’s ‘regarded as disabled’ definition

When the ADA was amended in 2008, Congress changed the definition tied to discrimination based on an employer’s presumption that a worker is disabled. Now the 9th Circuit has clarified what Congress meant.

Document each step of the RIF process

Chances are an employee won’t be able to make discrimination charges stick if you can clearly show 1) when you chose who to terminate and 2) for what legitimate business reason.

Telecommuting not always an accommodation

Sometimes, allowing a disabled employee to work from home may be a reasonable accommodation under the ADA or the California Fair Employment and Housing Act. But what constitutes a reasonable accommodation depends on individual circumstances.

San Diego massage parlor rubs DOL the wrong way

The owners of two San Diego-area massage parlors have agreed to pay 17 employees $61,317 to settle charges they violated the Fair Labor Standards Act.

What rules apply for paying an employee who has passed away?

Q. If a worker dies, could we still have to pay his or her wages earned before the time of his or her death?

What are the rules for paying an employee who cannot be located?

Q. One of our workers has gone missing. Could we still have to pay him for the time he worked before he disappeared?