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California

We think an employee is stealing money; can we deduct it from her wages?

11/24/2015
Q. I have noticed that a lot of inventory is leaving the store, but the money for some items is not in the cash register. I believe one of my employees is stealing money from the cash register. Can I deduct the cash shortfall from his wages?

Employer can choose the location for arbitration

11/24/2015
Are you an out-of-state employer with headquarters elsewhere? You can still require arbitration to happen at corporate offices. It’s not automatically unfair, a California appeals court has concluded.

Make sure medical leave requests funnel through HR

11/24/2015
Don’t let supervisors handle employee requests for medical leave informally—make sure all requests come through HR. If bosses are allowed to make their own rules, inconsistencies will trip you up in court.

Arbitration agreement: Don’t bury it in handbook; deliver separate document

11/24/2015

Do you require employees to direct employment law complaints through the arbitration process rather than a lawsuit? If so, don’t bury your arbitration agreement deep in your handbook or job application. Instead, present workers with a separate document. As this new case shows, California courts are more likely to find a separate agreement to be binding.

New California state law allows employers to fix wage statement errors

11/23/2015
Gov. Jerry Brown has signed into law an amendment to the California Private Attorney General Act to allow employers the right to “cure” certain wage statement defects. Here are the details.

Labor issues looming from new TPP trade agreement

11/23/2015
The recently negotiated Trans-Pacific Partnership trade agreement will go before Congress for ratification next year. Organized labor has been one of the most vocal critics of the pact and certainly labor leaders will be scrutinizing the agreement’s Chapter 19.

Silicon Valley city faces age discrimination charge

11/23/2015
The EEOC has filed suit against the City of Milpitas, Ca., alleging the company hired a 39-year-old executive secretary over four other more qualified and older candidates.

Court: Reporting personal theft is ‘protected activity’

11/23/2015
A new California appellate court ruling shows that employees who are terminated for reporting the alleged theft of personal property at work have a right to sue for wrongful termination as a whistle-blower. The report merely has to involve criminal activity. It doesn’t have to be work related or concern a matter of public interest.

New law makes unequal pay claims easier in California

11/23/2015
Borrowing liberally from a bill that has languished on Capitol Hill (the Paycheck Fairness Act), California lawmakers have passed SB 358, which requires employers to allow employees to discuss their pay. It also makes it easier for employees to bring unequal pay claims against employers.

Document carefully when disciplining for injury

10/27/2015
Sometimes, employees who carelessly injure themselves deserve discipline. That’s fine, as long as you carefully document the carelessness.