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California

Why the spike in pro se cases? Courts are helping employees

05/23/2014
More employees are acting as their own attorneys when they sue employers or prospective employers. The reason may be simple: Word is getting around that some federal courts are making it easy to do.

Don’t require FMLA certification for CFRA leave

05/23/2014
California employees have additional rights to family and medical leave under the California Family Rights Act (CFRA). Don’t require an employee to provide an FMLA certification form if she is seeking CFRA leave.

Specify which state’s laws apply to arbitration agreements covering teleworkers

05/23/2014
If you happen to use an arbitration agreement in employment contracts for out-of-state telecommuters, be aware that you may have to specify what state law you want to apply to the contract. Otherwise, the court will likely presume the employee’s state of residence applies.

Pettiness and lousy judgment may be bad, but they don’t prove discrimination

05/23/2014

While HR professionals certainly should strive to create a respectful, courteous and pleasant workplace, don’t worry too much if you fall short. The fact is, supervisors sometimes play favorites and exhibit questionable judgment.

When deciding ADA accommodations, demand complete medical information

05/23/2014

Disabled employees are entitled to reasonable accommodations, which must be decided on the basis of an interactive discussion between the employer and employee. Some employees, perhaps sensitive about their medical histories, try to limit the information their employers can see. That can compromise the interactive process.

California among top 10 states for 2013 EEOC charges

05/23/2014
Ten states—mostly home to the nation’s largest cities or located in the South—accounted for 56% of all EEOC charges filed in 2013. California logged the third highest total.

Court expands scope of ‘me too’ evidence

05/23/2014

Employees who sue for retaliation sometimes try to bolster their cases by claiming others who complained also experienced retaliation. Until recently, courts hearing California cases had limited so-called “me too” evidence to very similar cases.

What’s the full list of off-limits job interview questions in California?

04/27/2014
Q. We are looking to hire a new employee. Are there some questions I should steer away from?

Must we allow employee to review everything in her personnel file?

04/23/2014
Q. One of our employees has asked to see her personnel file. Are we required to show her the file? If so, do we have to give her access to everything contained in the file?

Any limits on time between shifts?

04/23/2014
Q. We need to schedule an employee for a shift from 2 p.m. to 10 p.m. in order to close our store and begin a shift the next morning at 8 a.m. to open the store. Does California law require a minimum amount of time, such as 12 hours, in between scheduled shifts?