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California

Employment Lawyer Network:
California

Joseph L. Beachboard (Editor)

California Employment Law

Joe.Beachboard@OgletreeDeakins.com
(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.

Consider including arbitration clause when settling employee’s lawsuit

02/25/2020
According to a recent case, it’s perfectly fine to include an arbitration agreement in a settlement. That may keep the next claim out of court.

Ensure security procedures discourage sexual harassment, make it easy to spot

02/25/2020
These days, more employers are using security screening to protect employees, customers and clients from potential violence. But those screenings can spur resentment, anger and—occasionally—charges of sexual harassment, as this recent case shows.

Beware two ADA traps: Perceiving obesity as a disability, making applicants pay for exams

02/25/2020
Employers that cite obesity as a presumptive disability and then require an applicant to prove that he is not disabled are violating disability discrimination laws, the 9th Circuit Court of Appeals has ruled.

Beware creeping expectations for exempts

02/25/2020
In today’s booming economy, with new workers in short supply, many exempt employees are being asked to do more nonexempt work and end up working longer hours. That’s a recipe for disaster.

Orange County, Calif. trucking co. delivering $200K in back OT pay

02/25/2020
C&W Trucking in Orange County will pay 56 employees $199,010 in back pay following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

Good records: Your defense against retaliation suits

02/04/2020
Thoroughly document workplace misdeeds. For example, investigate and act on charges of deceit. Records showing you did everything by the book can defeat a retaliation lawsuit.

Track when you first considered discipline

02/04/2020
Employees who suspect they are facing a disciplinary action such as termination may think complaining about discrimination or taking protected leave will insulate them from negative consequences. But smart employers start documenting poor performance early on, as well as their preliminary decisions to consider discipline.

AB 5—California’s new independent contractor law—comes under fire

02/03/2020
Opponents of California’s controversial new independent contractor law, AB 5, have moved to get a competing law on the ballot. They fear that if gig workers became employees, as they would under AB 5, it would raise some employer costs an estimated 30%.

California employees can collect penalties for unpaid wages

02/03/2020
A new amendment to Labor Code Section 210 allows employees to recover civil penalties without going through the Labor Commissioner.

Employee represents herself? Prepare for long legal slog

02/03/2020
Sometimes, litigious employees decide to act as their own attorneys. Don’t assume this will make it easy for you to win in court. If anything, when a past or current employee decides to represent herself, the case may end up taking longer and costing more.