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California

Employment Lawyer Network:
California

Joseph L. Beachboard (Editor)

California Employment Law

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

Click for Full Bio

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.

RIF didn’t achieve business goals? OK to repost jobs that were previously cut

10/04/2019
If you can clearly explain why you decided to reopen positions that were eliminated earlier, courts are unlikely to conclude you intended to discriminate against those who were not retained during the earlier RIF.

Your website could trigger a bias lawsuit

10/04/2019
The California Supreme Court recently confronted the question of whether a customer has standing to sue over alleged discrimination based on a visit to the business’ website rather than its brick-and-mortar locations.

Requiring English not automatically biased

10/04/2019
For years, the EEOC has taken the position that rules requiring employees to speak only English at work are discriminatory unless the employer can justify the rule as a business necessity. But now a federal court has concluded that before making an employer justify the rule’s necessity, the affected worker has to show that the policy has a disparate impact on a protected group.

Cite poor performance to justify termination

09/13/2019
Smart employers always document poor performance with specific examples. That way, you have a ready defense for just about any surprise discrimination lawsuit.

California: Prepare for expanded paid leave benefit starting next July

08/23/2019
Effective July 1, 2020, California workers who receive paid family leave benefits under the California State Disability Insurance Program will be able to receive eight weeks of time off instead of the current six.

Security company zapped for overtime violations

08/23/2019
Star Pro Security Patrol of Costa Mesa, California, has agreed to settle charges it failed to pay proper overtime to 63 employees.

Tapioca Express settles EEOC sex harassment suit

08/23/2019
Asian tea and snack chain Tapioca Express and two of its franchisees have agreed to a 30-month EEOC consent decree.

Piece work pay rate violates FLSA in LA

08/23/2019
ESS Apparel in Los Angeles has agreed to pay 21 employees $53,876 in back pay and overtime to resolve charges it violated the Fair Labor Standards Act.

Offer to ‘help’ doesn’t equal quid pro quo harassment

08/23/2019
A supervisor’s offer to “help” someone reach their career goals in exchange for romantic involvement isn’t enough to support allegations of quid pro quo harassment. To make the employer liable, the supervisor must have had the power to actually “help” and then deny that assistance.

Prepare to reasonably accommodate medical testing

08/23/2019
Don’t assume that someone who appears healthy and has been successfully performing his job isn’t disabled while undergoing medical tests.