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California

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.

NLRB rejects employer contention of no union support

10/16/2015
Anderson Lumber Co. in Sacramento has lost its bid to decertify Local 150 of the International Brotherhood of Teamsters as its employees’ bargaining unit. The controversy arose in 2012 when the two sides were negotiating a successor agreement. The Teamsters have represented Anderson Lumber employees for 50 years.

Protect against breach-of-contract claims

10/16/2015
Precise language in a settlement agreement helped an employer survive a breach-of-contract lawsuit filed by a former employee.

Sierra Academy of Aeronautics settles pregnancy bias case

10/13/2015
A female airplane mechanic who alleged she was fired after she revealed her pregnancy to her employer will receive $60,000 in damages. Sierra Academy of Aeronautics, located near Merced, Ca., agreed to a seven-year consent decree, but admitted no liability.

Am I allowed to institute a tip pool?

09/21/2015
Q. Bartenders and servers at my bar make hundreds of dollars in tips each night while our hosts, bussers and managers walk away with much less. I instituted a pooling policy to correct the injustice, but now my bartenders and servers are threatening to sue for taking their tips. Are they right?

How should I handle meal breaks and downtime when we work on a split-shift basis?

09/21/2015
Q. I need my restaurant employees to work lunch and dinner shifts but not the two hours between when we are closed. Do I have to pay for the time they are on break between or does it qualify as a meal break?

How should I accommodate breastfeeding at work?

09/21/2015
Q. An employee who is about to return from maternity leave wants to pump breast milk at work. She is asking for a room specifically designated for pumping, as she feels uncomfortable doing so in the bathroom or the office, and for several breaks during the day. Do I have to provide this accommodation?

California minimum wage bill stalls in legislature

09/21/2015
A controversial bill to increase California’s minimum wage recently failed to pass in the state Legislature. The bill would have phased in a $3 per hour increase to the minimum wage rate and also would have imposed annual cost of living increases.

California appeals court gives go-ahead to meal-period class action

09/21/2015
The Court of Appeals of California has upheld class-action certification allowing several employees to represent over 200,000 fellow current and former employees who claim they weren’t provided appropriate meal periods or premium pay for missed breaks.

Think twice before changing authorized payroll deductions

09/21/2015

Under California law, employees must authorize voluntary payroll deductions and employers must provide itemized wage statements. A case is testing whether employers can raise the employee’s retirement contribution to a percentage of salary after he already approved a specific dollar amount.