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California

Court says clicking online button makes arbitration agreement binding

11/29/2017

A federal court considering California contract law has ruled that an arbitration agreement presented in an online click-through form is contractually valid.

Are brutal hours really essential to the job? Failure-to-accommodate suit could test that

11/29/2017

In many organizations, it’s expected that exempt employees will routinely have to work more than the standard 40-hour workweek. What happens if an employee who has previously worked those long hours suddenly becomes disabled and can no longer put in 10 or 12 hours per day?

‘Boss-ectomy’ not what FEHA doctor ordered

11/29/2017

Under the California Fair Employment and Housing Act, employees who say they can’t work under a particular supervisor are not deemed to be disabled. Therefore, they aren’t entitled to any accommodation.

California expands requirements for anti-harassment training

11/29/2017

In October, Gov. Jerry Brown signed Senate Bill 396 into law, expanding the subjects that must be covered in California’s mandatory sexual harassment training for supervisors.

Ensure telecommuting rules don’t discriminate

11/28/2017

If you let some employees work from home, allow it for everyone in the same position, under the same terms and conditions. Otherwise, you may find yourself facing a discrimination claim—unless you have concrete, work-related reasons for excluding some employees.

Disability doesn’t provide immunity from discipline or termination

11/08/2017

Some workers wrongly believe a disability immunizes them. If they are disciplined or terminated, they often sue. Those lawsuits will be dismissed early in the legal process if the employer takes the litigation seriously and explains exactly why the worker was disciplined or fired.

What are our obligations under the California Employee Literacy Education Assistance Act?

11/01/2017

Q. An employee recently disclosed that he is illiterate and asked for our help in finding an adult literacy education program. What are our obligations toward this employee under California law?

Fired for misconduct: Can former employee collect unemployment benefits?

11/01/2017

Q. A former employee engaged in misconduct, which resulted in his discharge. Now he is requesting unemployment compensation benefits under California law. Is an employee entitled to these benefits if he or she is no longer employed, regardless of the circumstances?

9th Circuit docket: Coddling criminal harasser may backfire

11/01/2017
A jury will get to determine if an employer’s perceived preferential treatment of an alleged rapist created a hostile work environment for the female employee who reported the rape.

San Jose Chipotle sued for female-on-male sex harassment

11/01/2017
If the facts alleged in a recently filed EEOC lawsuit turn out to be true, food wasn’t the only spicy item on offer at a Chipotle restaurant in San Jose.