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California

Court: Exotic dancer can argue she’s an employee

01/26/2015
An employee doesn’t become an independent contractor just by signing an agreement that says so. Courts use several tests to make that determination.

Pay for required desk time–even if no work is happening

01/26/2015
Employers must pay for the time em­­ployees spend sitting at their desks if they aren’t allowed to leave—even if they aren’t doing any work.

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.