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California

Never stereotype jobs based on gender roles

08/29/2014
Remind supervisors and managers that they shouldn’t assign jobs or duties based on a worker’s gender. Nor should anyone in management make comments that could be interpreted as sexist or as assumptions that certain roles are best assigned to either men or women.

Use reasonable rules to beat discipline suits

08/29/2014
For the most part, courts don’t want to second-guess employer discipline. As long as you have reasonable rules in place, let employees know what those rules are and en­­force them consistently, most judges will uphold your disciplinary decisions.

Am I allowed to search a worker’s backpack?

07/23/2014
Q. One of my workers brought a backpack into work today that I have reason to believe contains illegal substances. The worker stored the bag in his company-provided locker. Can I search his belongings?

OK to fire for Facebook complaint about work?

07/23/2014
Q. One of my employees recently made a post on Face­­book expressing his dissatisfaction with his job. In the post, he talked about being paid too little for the amount of work he performs, and that the whole office needs renovating, claiming, “rats don’t even want to work there.” Can I fire him for this, or at least discipline him?

California Supreme Court: Undocumented status doesn’t bar back pay

07/23/2014
The California Supreme Court has ruled that federal immigration law does not preempt a California law that extends state law protections to all workers regardless of their immigration status. However, the court held that federal law does preempt state law on the issue of liability for lost wages for any period after an employer discovers that an employee is not authorized to work in the United States.

EEOC eyes personal training company for legal workout

07/23/2014
Custom Built Personal Training in Modesto, Ca. will have to whip its pregnancy-leave policy into shape after the EEOC threw its weight behind a fired employee’s lawsuit.

DOL seeks $2 million–and ban from H-2B Visa program

07/23/2014
The U.S. Department of Labor’s Wage and Hour Division (WHD) hopes to harvest some green from Watsonville, Ca.-based Fernandez Farms. According to the DOL, the farm failed to pay the minimum wage to workers brought into the country under the H-2B visa program.

Trucking firm pays $262,000 to settle labor charges

07/23/2014
Yuba City, Ca.-based Dispatch Trans­por­­tation has settled an unfair labor practice charge with the Teamsters Local 137 and the NLRB.

Must we grant time off so employees can vote?

07/23/2014
Q. A number of my employees have stated that they will not be able to vote in the upcoming statewide election because their local polling centers are only open during these employees’ work hours. Should I give them some time off during the day to vote?

Be prepared to justify military employee’s discharge

07/23/2014

USERRA provides job protection for military-connected employees once they re­­turn from extended military service. Employers shouldn’t fire covered workers without good cause and solid reasons. Be prepared to show you would have taken the same action whether the employee served or not.