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California

DOL announces initiative to combat visa fraud

08/02/2017
Following a review of existing worker visa programs, Labor Secretary Alex Acosta has announced a push to combat visa fraud. He said the effort was intended to “increase protections of American workers,” while confronting employers that engage in visa fraud and abuse.

California’s FEHC proposes regulations on national-origin bias

08/02/2017
California’s Fair Employment and Housing Council has proposed new regulations that seek to expand and clarify the definition of national origin discrimination.

Being annoyed at work is no excuse to sue

08/02/2017
A federal appeals court has refused to reinstate a lawsuit based almost exclusively on complaints about common workplace annoyances.

9th Circuit: ADEA applies to all governmental agencies, even small ones

08/02/2017
This conclusion is the opposite of that reached by four other circuits. Governmental entities with fewer than 20 employees in the 9th Circuit should seek legal advice to ensure they understand their ADEA obligations.

Transfer can amount to adverse action–but it better be a long way away

08/02/2017
Under some circumstances, making an employee move to a different job location can be viewed as an adverse employment action. However, minor inconveniences don’t cut it.

Employer–not disabled employee–gets to choose the reasonable accommodation

08/02/2017
When an employer offers a legitimately reasonable accommodations for a disabled employee, it has fulfilled its obligation under the law. It doesn’t matter if the employee wanted some other accommodation or wasn’t happy with the level of employer/employee interaction used to arrive at the accommodation.

When discipline is suddenly harsher than usual, document details that explain why

07/31/2017
When you set out to discipline a worker for breaking a rule, prepare a report that tells the whole story. That’s especially important if you need to justify why one employee received a harsher punishment than others who, in the past, may have committed similar offenses.

Clearly spell out performance expectations

07/31/2017
Make sure your managers and supervisors clearly and formally communicate their performance expectations. A performance review that criticizes alleged poor work based on expectations that weren’t clearly communicated can become the basis for a lawsuit.

Tell bosses not to gloss over performance deficiencies

07/12/2017
Some supervisors hate including negative feedback in performance reviews of good employees. But nearly everyone has some room for improvement. It’s up to HR to insist on accurate evaluations, including negative feedback when warranted.

OK to discipline even after worker complains

07/12/2017
Some employees may not realize it, but filing an internal discrimination or harassment complaint doesn’t create immunity to legitimate, unrelated discipline.