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California

Beware firing employee during medical testing

11/19/2020
Remind supervisors: Firing an employee while she is undergoing medical testing could easily trigger a lawsuit. Reason: It’s illegal to discriminate against an employee based on suspicions she might become ill or disabled in the future. That would amount to regarding her as disabled, which violates the ADA.

How to discipline despite ‘protected’ activity

07/02/2020
Employees who know they are about to be disciplined sometimes think the best defense is going on offense, filing internal discrimination, harassment or whistleblower complaints. If you follow your usual disciplinary rules, treat the employee just like other similarly situated workers and keep detailed, dated records, it’s unlikely a court will find retaliation.

Steer clear of basing pay on previous compensation

06/18/2020
Attorneys who represent employees and job applicants are starting to win equal-pay cases they might have lost in years past. They are claiming that basing a new employee’s starting pay on how much he or she earned before so perpetuates past bias that it is itself a discriminatory act.

Don’t let assistive technology affect hiring

04/23/2020
Warn hiring managers not to disregard an applicant because assistive technologies indicate he or she might be disabled. Those systems provide evidence of bias that can be used against you in court.

3 lawsuit-proof alternatives to layoffs

03/19/2020
With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.

Beware basing starting pay on past salary

03/12/2020
Think twice before using a new hire’s past compensation to set her new salary. According to a federal appeals court, that violates the Equal Pay Act.

California appeals court nixes meal break class action

02/25/2020
A California appeals court has concluded that as long as an employer has not applied a written rest break rule that is illegal on its face, employees cannot pursue a class action against their employer based on the written rule. It’s a case of no harm, no foul.

Burgers & Beer chain settles discrimination suit

02/25/2020
Burgers & Beer, a regional restaurant chain with locations in California’s Imperial and Riverside Counties, has settled EEOC charges that it discriminated against men who applied for jobs as waiters. According to the EEOC, the chain sought a totally female wait staff.

Hopeful worker gets extra time to sue

02/25/2020
Employees who believe that their employer will act on discrimination complaints and make their workplace tolerable may get extra time to sue.

Consider including arbitration clause when settling employee’s lawsuit

02/25/2020
According to a recent case, it’s perfectly fine to include an arbitration agreement in a settlement. That may keep the next claim out of court.