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California

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.

Are we required to grant leave for holidays and pay extra if employees have to work?

08/22/2016
Q. Several of my employees have asked me about which holidays they have time off, and if that time will be paid. Do I have to give my employees any time off for holidays? If so, must it be paid time off?

California’s San Miguel Homes agrees to $425,000 FLSA settlement

08/22/2016
San Miguel Homes for the Elderly, an assisted-living facility in the Bay Area, has ended its militant opposition to U.S. Department of Labor Wage and Hour Division (WHD) enforcement efforts and agreed to pay $425,000 in back wages to 26 caregivers.

Palm Desert, Calif., buffet settles flat-rate pay claims for $128K

08/22/2016
The owners of Hibachi City Buffet in Palm Desert, Calif., will pay more than $128,000 in back wages and penalties following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

California contractors must submit payroll data electronically

08/22/2016
The California Department of Industrial Relations (DIR) announced in July that, starting Aug. 1, public works contractors and subcontractors once again must electronically submit certified payroll records.

Nickle-and-diming plaintiff? Prepare to pay yourself

08/22/2016
If you pester an employee who is suing you with expensive pretrial tactics, you may wind up on the hook for his legal bills.

Beware fiscal trouble as justification for RIF

08/22/2016
Clearly document any economic reasons for discharging older employees. Be especially careful if you are keeping younger workers who may earn more than the older employees.