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California

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.

Make sure arbitration agreements are fair, clearly written and easy to understand

08/22/2016
Arbitration agreements are enforceable in California only if they are conscionable. Courts are likely to uphold arbitration agreements written in plain language that is easy for employees to understand.

Protect your right to terminate higher-ups with broadly worded ‘for-cause’ clause

08/22/2016
Most of the people who work for you are probably classified as at-will employees, but some high-level employees may work under written employment contracts that cover such issues as trade secrets and the employee’s right to compete with you after termination.

$1.5 million harassment cost for Madera, Calif., company

08/22/2016
One of the nation’s largest dried fruit processors, Z Foods in Madera, Calif., has agreed to pay $1,470,000 to settle sexual harassment and retaliation charges leveled in an EEOC lawsuit.

Backdoor computer access is a federal crime!

08/22/2016
Remind employees that attempting to access computer records after they terminate employment may land them in prison—even if they do so with the willing assistance of a current employee.

Ensure lawyer knows about arbitration clause

08/22/2016
If you use an arbitration clause to cut down on expensive litigation, make sure your attorneys know as soon as an employee sues. Otherwise, you may end up waiving your right to compel arbitration.

Under California law, do victims of domestic violence have unique leave rights?

08/12/2016
Q. We suspect that one of our employees is a victim of domestic violence. What are the leave requirements for domestic violence victims under California law?

Paid sick leave ordinance takes effect for Los Angeles employers

07/22/2016
Starting on July 1, 2016, a new Los Angeles city ordinance began requiring Los Angeles employers with 26 or more employees to provide paid sick leave benefits. Employers with fewer than 26 employees must do so as of July 1, 2017.

Think you can wait out DOL? Think again

07/22/2016
The owner of two Mountain View, CA, transportation companies—Stanford Yellow Taxi Cab and AAA Legacy Limousine—fought a years’-long legal battle against the U.S. Department of Labor’s Wage and Hour Division, arguing that his employees were independent contractors. The DOL wasn’t going to be the first party to blink.

EEOC settles San Jose national origin suit for $40,000

07/22/2016
East San Jose-based Peters’ Bakery has agreed to settle charges the bakery’s owner verbally abused and harassed a Latina employee because of her national origin.