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California

Have attorney review arbitration agreements to make sure they’re valid contracts

01/26/2015
Attention to detail is essential when using arbitration agreements. They are contracts and the ordinary legal requirements for contract formation must be followed.

Feel free to discipline–or fire–disabled worker who disrupts and threatens co-workers

01/26/2015
Don’t let a disabled employee get away with behavior you wouldn’t tolerate in other employees. There’s no reason to put up with threats and intimidation.

2 big cases reinforce: Beware adverse action against employees who report wrongdoing

01/26/2015
Two California Court of Appeal districts have significantly ex­­panded employee protection for whistle-blowers. The cases highlight that employees don’t actually have to “blow the whistle” to be protected from retaliation.

Weigh special assignment as accommodation

01/26/2015

Generally, employers have the right to choose which accommo­­dation they want to offer a disabled employee. That is, the employer—not the employee—gets to choose. But that right has limits.

Never tie performance problems to disability

01/26/2015
Warn supervisors that they should never link an employee’s performance deficiencies to a supposed disability. The focus should be strictly on what the employee has or hasn’t accomplished and how that compares to your standards—not on possible underlying reasons for success or failure.

The requirements of California’s WARN Act

12/24/2014
What are the penalties for violating California WARN Act’s notice requirements? And are there any valid exceptions to them?

Questions and answers about California’s new Paid Sick Leave law

12/24/2014

The newly enacted Healthy Work­­places, Healthy Families Act of 2014 requires California employers to provide employees with one hour of paid sick leave for every 30 hours worked, starting on July 1. This is the first of a two-part series designed to get you up to speed on exactly what the new law requires.

EEOC charges, settlements fell last year

12/24/2014
The number of EEOC charges declined slightly in fiscal year 2014, but employers wound up paying dramatically less for workplace discrimination, harassment and retaliation than they did in 2013.

Two California nursing homes cited for wage violations

12/24/2014
The U.S. Department of Labor’s Wage and Hour Division has found two California nursing homes failed to pay their employees the federal minimum wage.

Recently enacted California law prohibits civil rights waivers

12/24/2014
It is now illegal in the state to require employees to sign agreements waiving their rights under the Ralph Civil Rights Act (Civil Code 51.7) and the Tom Bane Civil Rights Act (Civil Code 52.1). Those civil rights laws prohibit hate violence and threats against citizens based on certain protected classes, such as political affiliation, sex, race, color, religion, ancestry, national origin, disability or medical condition, or on account of position in a labor dispute.