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California

Employment Lawyer Network:
California

Joseph L. Beachboard (Editor)

California Employment Law

Joe.Beachboard@OgletreeDeakins.com
(213) 239-9800

Click for Full Bio

Joseph L. Beachboard is a nationally recognized expert on employment law issues who speaks regularly at SHRM and other HR events. He also is a regular contributor to several national and California publications. In 2000, Mr. Beachboard sold The Labor Letters, Inc., a publisher of monthly employment law journals that he founded to advise human resource professionals. He is a founding member and executive director of the Management Employment Law Roundtable, a national, invitation only, organization of management labor and employment lawyers.

Drywall contractor can’t spackle over FLSA violations

09/26/2016
The U.S. Department of Labor has sued drywall contractor West Coast Drywall & Company in Riverside, Calif., alleging the firm failed to pay its drywall hangers and painters for all the overtime they worked.

Bay Area nursing homes settle over wage violations

09/26/2016
The U.S. Department of Labor’s Wage and Hour Division (WHD) has settled its lawsuit with two owners of several Bay Area nursing homes.

San Diego sick pay ordinance goes into effect

09/26/2016
In addition to setting a new minimum wage, a new San Diego ordinance requires employers to provide sick pay benefits to employees.

Free speech includes speech that is unpopular

09/26/2016
Government employees don’t lose the right to engage in free speech when they take a job. That extends to speech that the employer may see as unpopular or even dangerous.

Government employees’ internal complaints aren’t ‘speech’

09/26/2016
Public employees who complain internally about personnel decisions specific to them aren’t engaging in protected free speech.

California Supreme Court’s clear conclusion: For pay purposes, retiring is quitting

09/26/2016
In California, the same pay rules apply to retirement as they do for someone who quits.

OK to terminate disabled worker if there is no possible way to accommodate

09/26/2016

You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.

Warn managers: Watch your language when discussing any aspect of worker’s pregnancy

09/26/2016
Generally, when the same supervisor who hired someone also made the decision to fire someone, courts apply a concept called the “same-actor theory.” If the employee’s protected characteristic was hidden, the same presumption doesn’t apply.

Tell bosses: No comments about hair, clothing

09/26/2016
You may be among the many employers that have dress and grooming rules. That’s fine as long as you allow for religion, race, disability and other protected statuses that may affect how employees comply with the rules.

Death threat? Yeah, that’s reason to quit

09/26/2016
It goes without saying that you can’t tolerate a supervisor who threatens to kill a subordinate. It’s not good enough to suspend him without pay and then let him come back after a lengthy leave.