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California

Act immediately to remove sexually offensive graffiti and material from the workplace

01/02/2018

Sexually offensive material appears all too often in some workplaces. When that happens, get rid of it! Immediately! That way, there is less chance that someone will later be able to successfully allege that the graffiti or scribblings created a hostile work environment.

Be ready to show you hired the best candidate

01/02/2018

Unsuccessful applicants often believe they didn’t get hired because of some form of discrimination. You had better be ready to show that the person you hired was clearly better qualified. If you can do that, chances are a discrimination lawsuit will be tossed out fast.

Yes, coming to work is an essential function

01/02/2018

Under the California Fair Employment and Housing Act, workers with disabilities are entitled to reasonable accommodations. But once their employers have accommodated them, they still need to meet the essential functions of their jobs.

Lawsuit based on lies? Employer may win fees

12/22/2017

Courts don’t want to dissuade employees from filing lawsuits by ordering workers to pay the employer’s legal fees. However, that’s not the case when an employee obviously lies.

Congratulations on winning that lawsuit! Don’t count on collecting attorneys’ fees

12/22/2017

If employers lose an employment discrimination case, they end up paying the worker’s legal bills in addition to back pay and other monetary awards. But what happens if the employer wins? Don’t count on the losing side paying up.

Frequently asked questions about vacation pay in California

11/29/2017

Answers to four questions about California vacation leave laws.

To call or not to call: Contacting workers on FMLA leave

11/29/2017

Here are four common issues involving communications with employees during their FMLA leave.

EEOC sues Fresno firm for national origin discrimination

11/29/2017

The EEOC has filed suit against Papé Material Handling in Fresno, alleging the company systematically discriminates against Hispanic employees.

California law figures OT by the day, unlike federal FLSA

11/29/2017

A federal court considering a class-action lawsuit alleging violations of California law and the federal Fair Labor Standards Act has dismissed the FLSA claims because the allegations were unclear.

Is that retaliation or a legitimate business decision?

11/29/2017

Employees are protected from retaliation for complaining internally about alleged discrimination. Some workers seem to think that means they can never be criticized or have their working conditions change. Fortunately, that’s not true.