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California

California Supreme Court expands plaintiffs’ PAGA rights

10/03/2017
The Supreme Court of California has unanimously held that a representative plaintiff in a Private Attorneys General Act case does not need to show good cause at the outset of litigation before the employer is required to produce the names and contact information of other allegedly aggrieved employees.

HR services firm settles misclassification charges

10/03/2017
Zenefits FTW Insurance Services, an HR management software service based in San Francisco, has settled charges it misclassified 743 account executives and sales people as exempt from minimum wage protections. Workers in both California and Arizona were affected.

Emeryville, Calif. adopts minimum wage, paid sick leave regs

10/03/2017
Two years ago, Emeryville, Calif. passed its Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance. Now the city manager has released the regulations implementing the ordinance.

Necessary psych exam doesn’t violate ADA

10/03/2017
Under some circumstances, an employer may be fully justified in requiring an employee to undergo a psychiatric or other medical exam. Doing so won’t violate the ADA if it is job related and consistent with business necessity.

9th Circuit: No free lawyer the second time around

10/03/2017
Courts generally bend over backwards to help plaintiffs who can’t afford an attorney when they try to represent themselves. However, once the case is over, that’s generally it.

Note business reason for demotion to prove it wasn’t discrimination or retaliation

10/03/2017
Before an employee can sue his employer for discrimination, he usually has to show that he was subjected to some sort of adverse employment action. Under the right circumstances, that can include being moved into a position the worker considers demeaning, such as being forced to work for someone he once supervised.

Beware one-sided arbitration agreements, which courts are liable to toss out

10/03/2017
Arbitration agreements can be a great way to save time and money on litigation should an employee accuse you of violating employment laws. But unless the agreement is properly drafted, it can be struck down.

Stress lawsuit OK’d even after workers’ comp

10/03/2017
The workers’ compensation system is supposed to make it easy for employees who are injured at work to get benefits. They don’t have to sue: If they can prove they were hurt at work, they receive benefits.

Off-site assault demands careful handling

10/03/2017
It goes without saying that you must handle with care any situation in which an employee accuses another of sexual assault. Any hint that you are treating the victim less favorably than the alleged perpetrator can lead to a hostile work environment claim.

Are you obligated to investigate before firing? For at-will employees, you have discretion

09/12/2017
What kind of investigation, if any, is required before an employer can fire a worker for what it believes is some kind of misconduct?