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California

New court ruling on internships recognizes reality for employers

10/21/2015
A court has rejected the DOL’s test to determine whether a worker is an intern or an employee, coming up with a simpler one.

Contractor pays high price for shorting prevailing wage

10/21/2015
Air Force contractor General Atomics Aeronautical Systems, based in San Diego, will pay 901 workers more than $945,000 after government auditors found the company had not paid them the prevailing wage mandated by the federal McNamara-O’Hara Service Contract Act.

EEOC sues San Ysidro eatery for same-sex harassment

10/21/2015
Achiote Restaurant in San Ysidro, Ca., faces an EEOC lawsuit after young Mexican men working at the restaurant complained of sexual harassment and retaliation by a male manager.

EEOC sues San Diego clinic for ADA violation

10/21/2015
A surgical scrub technician has alleged Sharp Healthcare withdrew a job offer because it regarded her as disabled when she was not.

Gear could have gone home? No pay to retrieve it

10/21/2015
The 9th Circuit Court of Appeals has nixed a firefighter’s claim that he should be paid for the time it takes to get to his station and retrieve his firefighting gear before reporting to a different station.

‘Evergreen clause’ may mean contract didn’t expire

10/21/2015
Here’s something to consider when contracting with a union. If the contract contains a so-called “evergreen clause,” be sure to follow the directions if you want to cancel the agreement after a term.

Government employee’s speech that sounds like insubordination may be protected

10/21/2015
Public employees are entitled to free speech under the Constitution—within limits. For example, the speech must involve matters of public importance. Under the right circumstances, arguing with a supervisor may even be protected.

Duties matter, not what business card says: Fancy title doesn’t make employee exempt

10/21/2015

What you call an employee doesn’t determine whether she’s properly classified as exempt. What matters are her duties. If they are routine and menial in nature, she’s not exempt, even if she holds a lofty title within the organization.

Let the pros in HR handle that! Bosses shouldn’t meddle in FMLA, ADA issues

10/21/2015

Some managers think they can handle employees with disabilities on their own. That’s never a good idea. Someone in HR should oversee every aspect of disability accommodations. Leave management out of it—other than requiring every manager and supervisor to report immediately potential disabilities to HR. Otherwise, things can go badly wrong, as they did in one recent case.

Sometimes you’re justified to order mental exam

10/17/2015
As long as you can show a business necessity for asking an employee to undergo a mental examination, there’s no ADA or Fair Employment and Housing Act liability. Erratic, insubordinate behavior that continues after a request to stop is a good business reason.