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California

Employment Lawyer Network:
California

Joseph L. Beachboard (Editor)

California Employment Law

Joe.Beachboard@OgletreeDeakins.com
(213) 239-9800

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Joseph L. Beachboard is a nationally recognized expert on employment law issues who speaks regularly at SHRM and other HR events. He also is a regular contributor to several national and California publications. In 2000, Mr. Beachboard sold The Labor Letters, Inc., a publisher of monthly employment law journals that he founded to advise human resource professionals. He is a founding member and executive director of the Management Employment Law Roundtable, a national, invitation only, organization of management labor and employment lawyers.

Forget the gold watch! Present last check instead

10/27/2014

Employees who quit in California must receive their last checks within 72 hours if the employee provides no advance notice. If the worker does provide at least 72 hours’ notice, the payment must be immediate. But what about employees who announce their retirement—presumably at least 72 hours before their last workday?

Complicated compensation formula? Prepare to spell out all details in court

10/27/2014
Here’s a warning for employers with overly complicated compensation systems: If someone believes the pay plan is discriminatory, you’ll probably have to spend considerable time explaining the system in court. Simpler may be better.

Not so fast: Arbitration agreements won’t necessarily block class-action suit

10/27/2014

The idea behind arbitration agreements is that handling workplace disputes in arbitration instead of court is easier, less expensive and less time consuming. But don’t think that having arbitration agreements in place will automatically block lawsuits in federal court.

Appeals court: Employee doesn’t have to be first whistle-blower to be protected

10/27/2014

Public employees are protected from retaliation for reporting wrongdoing at work, either within their chain of command or to appropriate authorities. But what if several employees report the same alleged wrongdoing?

Disrespect? That’s not grounds for lawsuit

10/27/2014
While politically incorrect statements may be distasteful and offensive, they aren’t necessarily grounds for a lawsuit. That’s especially true if the statement can’t be tied directly to a protected characteristic such as national origin, religion or race.

Pursuit of SoCal dentist shows wage law has teeth

10/27/2014
For a Southern California cook, getting paid was like pulling teeth. For five months he was a private chef for a dentist, but was never paid.

Focus on behavior when disciplining jerks

10/06/2014
Some employees behave in ways that create an unpleasant environment for their co-workers, subordinates or supervisors. There’s no reason to put up with bullies and other ill-behaved employees.

When is telecommuting a reasonable accommodation under the ADA and state law?

09/19/2014
Q. One of my employees was recently injured in a nonwork-related accident. If this employee returns to work and requires an accommodation to perform his duties, can allowing him to telecommute be considered reasonable accommodation?

Is it OK to have a blanket policy of rejecting applicants with criminal histories?

09/19/2014
Q. I believe I should be able to refuse employment to any prospective employee with a record of criminal conviction. Can I institute a blanket policy that bars employment to applicants with criminal records? Also, what can I ask applicants about their criminal records?

California Legislature passes mandatory paid sick leave bill

09/19/2014
On Saturday, Aug. 30, 2014, in the early morning hours and amid controversy among labor supporters, the California Legislature passed a bill that provides workers with three paid sick days per year. Gov. Jerry Brown enthusiastically endorsed the bill’s passage and signed it into law on Sept. 10.