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California

Encinitas, Calif. waitress alleges pregnancy discrimination

05/30/2018
Maurizio’s Trattoria Italiana, a fine-dining Italian restaurant in Encinitas, California, faces charges it discriminated against a waitress because of her pregnancy.

Probation for Oakland plan trustee caught skimming funds

05/30/2018
A trustee of a benefit plan for employees of an Oakland metalworking company must serve one year of probation and make restitution for violating the Employee Retirement Income Security Act.

Follow rules to set alternative workweek schedule

05/30/2018
California wage-and-hour law can be complicated. For example, California allows establishment of something call­­ed alternative workweek schedules. Employees have to approve an AWS by voting via a secret ballot.

Disabled employees entitled to return to work, but not someone else’s job

05/30/2018
Disabled employees seeking to return to work may be entitled to an open position for which they are qualified. But when is a position considered open?

Always consult attorney before terminating employee who filed whistleblower complaint

05/30/2018
Internally reporting illegal activity may amount to whistleblowing and may protect the worker from discharge, even if the employer has seemingly legitimate reasons for otherwise firing the worker. That’s one good reason to consult your attorney before terminating a worker who may be a whistleblower.

Tip pooling: What’s fair and reasonable?

05/30/2018
Under California Labor Code section 351, employers may pool tips and distribute them in a manner that is “fair and reasonable.” What that means in practice depends on the circumstances.

Prior salary can’t justify pay difference

05/30/2018
California employers beware: The 9th Circuit Court of Appeals has issued a landmark Equal Pay Act decision that may require you to make immediate changes to how you set starting salaries.

Arbitration agreements only work if signed in advance

05/24/2018
Don’t have an arbitration agreement in place? Don’t expect to implement one after an employee has filed a class-action lawsuit.

Was that a lack of training or common sense?

05/24/2018
Employees discharged for unprofessional conduct sometimes try to blame their problems on a lack of training. They argue that they had no way of knowing that their transgressions were inappropriate. That won’t work if common sense would have told a reasonable person that their conduct was wrong.

3 questions about pregnancy leave in California

04/30/2018
What are California’s rules on pregnancy leave? … How should we handle pay while someone is out on pregnancy disability leave? … How to count pregnancy disability leave?