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California

New law requires more sexual harassment training

01/11/2019
California was one of the first states to mandate sexual harassment training in the workplace. But the law only mandated regular training for supervisors at large companies. All that changed on Jan. 1, when Senate Bill 1343 went into effect.

Take care when disciplining whistleblowers

01/10/2019
An employer must show it would have taken the same action against an employee even if he had not blown the whistle.

What is our obligation to warn about medical providers who are on probation?

12/22/2018
Q. We are a small medical practice. I heard that if one of our providers is subject to probation by their licensing boards, we must warn patients. Is this true?

LGBT employee rights in transition as courts weigh in on bias

11/28/2018
Ensuring anti-discrimination protection under Title VII of the Civil Rights Act of 1964 for lesbian, bisexual, gay and transgender employees remains a strategic priority for the EEOC.

Court loses patience with pro-se litigants’ appeal

11/28/2018
When workers try to sue their employers and can’t find an attorney, courts will look at their financial status and sometimes conclude that they shouldn’t have to pay filing fees and other court costs. This can mean that a seemingly frivolous case goes on for a long time.

California courts can modify arbitration agreements

11/28/2018
In certain arbitration agreements, employees cannot waive the right to collect attorneys’ fees if they prevail. But including such a waiver in the agreement doesn’t necessarily doom it.

ADA: Document every step of the interactive accommodations process

11/28/2018
If you ultimately turn down a request to accommodate, the worker may sue. And that’s when you will need good records to prove you really did act in good faith by engaging in the interactive process.

California courts take a hard line on independent contractor classification

11/28/2018
Two recent California court decisions have made it much harder for California businesses to establish that workers are independent contractors rather than employees.

Target missed connection with deaf applicant

11/28/2018
The EEOC has sued the Target retail chain for failing to accommodate a qualified deaf applicant.

Arbitration pacts: Beware language barriers

11/28/2018
Employers who have their employees sign arbitration agreements need to consider what might happen if an employee challenges the agreement on the grounds that it might be unconscionable.