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California

Bosses aren’t docs: Don’t diagnose employees

11/28/2018
Generally, disabled workers have to request accommodations for their disabilities and aren’t entitled to any unless they do. But what if a supervisor suspects the employee may be disabled?

You must prove OSHA compliance is impossible

11/27/2018
The federal Occupational Safety and Health Administration has the power to fine employers that don’t follow workplace safety rules. However, if an employer can show that providing safety measures would be impossible, compliance would not be required.

State amends pay equity law, clarifies salary history issues

10/31/2018
California’s pay equity law has been amended to clarify certain ambiguities regarding proper interview questions, disclosure of pay scales and the application of the law to existing employees.

California HR agency pays to settle ADA complaint

10/31/2018
The EEOC investigated the California Department of Human Resources following complaints from applicants that it failed to accommodate disabilities during the hiring process and violated the ADA when it was conducting medical reviews of applicant fitness.

Expect courts to give leeway to pro se litigants

10/31/2018
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

10/31/2018
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

10/31/2018
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

10/31/2018
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

10/31/2018
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

10/31/2018
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.