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California

Employment Lawyer Network:
California

Joseph L. Beachboard (Editor)

California Employment Law

Joe.Beachboard@OgletreeDeakins.com
(213) 239-9800

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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.

How should we handle transgender dress code?

03/22/2018
Q. A new employee refuses to comply with our dress code, which has slightly different requirements for men and women, because the individual is transgender. Though the new employee marked “female” on our employment application, the individual has since told us about identifying as a man. Can we require this employee to follow our dress code for women?

Are we allowed to tell women they can’t wear pants at work?

03/22/2018
Q. I am an HR director for a traditional, conservative company and have run into a new issue. When onboarding employees, I always explain our preferred dress code: we prefer women to wear skirts and dresses with pantyhose to work because many of our senior partners are old-fashioned. A new female employee said she would prefer to wear pants. Can we require her to wear a skirt instead?

White House’s 2019 budget tips administration’s labor policy priorities

03/22/2018
While the proposed 2019 budget is needed to fund higher spending for the military, as well as to pay for the construction of a border wall and infrastructure repairs, there were few surprises in the FY2019 budget plan for cutting the budgets of federal labor and employment agencies.

Joint employers can be mutually liable for violations

03/22/2018
When separate entities seem to share common ownership and one dictates how the other operates, they may be joint employers. That may make them mutually liable for employment law violations.

Employee must show how chronic pain prevents work

03/22/2018
In order to win a disability discrimination case, a worker who claims she is disabled by pain has to show how that affects her ability to work. If the employee misses work but doesn’t explain why or that it’s related to her disability, she doesn’t have a case.

Telecommuting isn’t always a reasonable accommodation for disabled workers

03/22/2018
Some employees who need reasonable accommodations may insist on having the option to work from home. That may be a workable solution for some positions. However, it won’t be appropriate for other jobs that require direct supervision or the employee’s physical presence in the workplace.

Your failure to investigate can be evidence of discriminatory intent

03/22/2018
Deciding not to investigate can backfire badly. Not only could your organization miss an opportunity to right a wrong, but the decision not to investigate may itself be evidence of bias.

California Supreme Court clarifies OT bonuses

03/22/2018
The high court unanimously ruled that when calculating overtime for pay periods in which an employee earns a flat rate bonus, employers must divide the total compensation earned in the pay period by only the non-overtime hours worked. This is contrary to the federal overtime method used under the Fair Labor Standards Act.

Growth displaces legacy staff? Expect lawsuit

03/22/2018
When an organization transitions from a start-up to something bigger, company needs are bound to change. A stellar performer may be left behind. That could trigger a discrimination lawsuit, although it’s likely to fail.

Do your employees know what’s in arbitration pacts?

03/22/2018
Do you use an arbitration agreement to limit exposure to expensive and time-consuming employment litigation? If so, be aware that how you present that agreement to the employee and the employee’s language fluency may affect the viability of the contract.