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California

No sexual harassment? Then no employer liability

04/21/2015
An appeals court has reversed a quarter-million-dollar punitive-damages award for sexual harassment. The problem: The employee couldn’t prove the alleged harassment was pervasive or frequent enough to constitute a hostile environment.

Piling on disciplinary charges can look like retaliation

04/21/2015
It’s easier for employees to prove retaliation for complaining about discrimination than it is to prove the underlying complaint. When disciplining someone who has complained, make sure each infraction is iron-clad—and don’t pile on additional dubious charges.

Temp assignments should be temporary: Keep looking for permanent accommodations

04/21/2015
Here’s an important reminder for managers handling workers returning from medical leave who may qualify as disabled: Placing workers in a temporary job may be part of an accommodation but that doesn’t end the process.

You don’t have to evaluate motive when employee accuses co-workers of same-sex harassment

04/21/2015
Same-sex harassment claims are tough to prove under Title VII. It’s especially hard if the harassment seems more for the purpose of annoying the harassed worker. But that’s not how the California Fair Employment and Housing Act handles same sex harassment, as an employer recently found out.

California seafood restaurant on the hook for $185,000

04/21/2015
Employees of the Seafood Peddler restaurant in San Rafael have netted $185,000 after a jury determined the restaurant and its owner retaliated against them for cooperating with a U.S. Department of Labor Wage and Hour Division investigation into the eatery’s pay practices.

ADA: Don’t rush to scrap essential function

04/21/2015

It’s not always possible to accommodate an employee’s disability. Employers do have to consider possible accommodations that allow a disabled employee to retain his job. However, it is unreasonable to expect the employer to entirely eliminate an essential job function.

What goes in a proper wage statement?

03/23/2015
Q. During the last pay period, after my California employees received their paychecks, a few of them asked me where the wage statement was. What information am I required to include in this statement?

What ‘notice-of-pay’ must new hires receive?

03/23/2015
Q. I recently hired new warehouse employees. Is there any information regarding their wage payment that I must present to them?

How much leave can workers take to attend their kids’ school activities?

03/23/2015
Q. One of my employees asked me if she could use a few hours of her personal time off to leave work early and attend her daughter’s grade school band recital. What’s the law on this?

What leave must we provide for em­­ployees who are victims of domestic violence?

03/23/2015
Q. An employee notified me that she was a victim of domestic violence and needs to take some time off work. What leave am I required to allow her?