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California

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.

L.A. nightclub accused of pregnancy discrimination

11/01/2017
L.A. Lousianne, a Los Angeles jazz club, is headed to court after the EEOC filed a lawsuit alleging violations of the Pregnancy Discrimination Act.

Wage & Hour admin nominee clears key Senate committee

11/01/2017
Cheryl Stanton is one step closer to becoming administrator of the Department of Labor’s Wage and Hour Division.

‘Manspreading’: Obnoxious, but not necessarily harassment

11/01/2017
While some behavior may make others uncomfortable, that doesn’t automatically mean the offended worker has a sexual or other harassment case.

Receiving a poor performance review: Not necessarily harassment

11/01/2017
Here’s some good news for HR professionals and supervisors trying to manage the workforce: You don’t have to worry that ordinary functions like putting together performance reviews and making hiring and firing decisions will somehow be misconstrued as harassment.

ADA and FEHA: Always document interactive discussion process to find accommodations

11/01/2017
The presumption is that by discussing possible accommodations, the employer and worker will arrive at some sort of consensus. Employers that don’t take this seriously risk being sued for failing to engage in the interactive accommodations process.

Beware oral contracts on top of written ones

11/01/2017
Think a simple written employment contract precludes other oral contracts? Think again. It is quite possible in California for an employee to win an oral contract claim despite an apparent written contractual agreement that seems to preclude just that, as a recent case shows.

Carefully document sudden performance slide

10/11/2017
Sometimes an excellent employee who has received great reviews and consistent raises exhibits a sudden performance decline. When that happens, be sure to carefully document the changes in his or her work.

Frequently asked questions about COBRA and Cal-COBRA

10/03/2017
Five questions about COBRA and Cal-COBRA regulations.