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California

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.

Telecommuting not always an accommodation

10/31/2018
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

10/31/2018
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?

10/03/2018
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?

10/03/2018
Q. One of our workers has gone missing. Could we still have to pay him for the time he worked before he disappeared?

Must we accommodate employees’ need to bring therapy animals to work?

10/03/2018
Q. One of our employees suffers from severe panic attacks and has a pet hamster that she says relieves her anxiety. She wants to bring her hamster to work in case she has a panic attack. Are we required to grant this request?

California appeals court upholds clock-in/clock-out rounding

10/03/2018
The decision reaffirms a 2016 9th Circuit Court of Appeals ruling on the subject and expands on the criteria used to determine whether a rounding policy is neutral in practice, and thus lawful.

Joint employers pay $300K to settle harassment complaints

10/03/2018
An Imperial County, California organic vegetable grower and its labor contractor have agreed to settle EEOC charges that a supervisor sexually harassed and retaliated against four women who worked on the farm.

Check layoff rationale for signs of hidden discrimination

10/03/2018
A layoff based on legitimate business reasons can still form the basis for a retaliation claim if the layoff decision was based on ulterior motives.

California Labor Code allows collective bargaining that waives some meal breaks

10/03/2018
When employees elect a union to represent them, they give it the power to negotiate away some worker rights already granted to them by law. That can include a statutory benefit such as meal breaks if the law authorizing the breaks allows for individual worker waivers. Here’s how that played out in a recent case.