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California

Continue benefits status during military leave

04/23/2014
Always count military leave as time worked. Simply pretend the worker is present and earning leave and other benefits. That principle applies to both your attendance policies and your FMLA practices.

How should we handle pay when employee works unauthorized overtime?

03/27/2014
Q. What can we do if our employees worked overtime despite our instruction that they shouldn’t?

Age bias settlement: Need ADEA waiver, too?

03/27/2014
Q. My company was sued by a former employee for age discrimination under the California Fair Employ­­ment and Housing Act (FEHA). We’re settling the case and including a waiver of the right to proceed under FEHA. Do we need an ADEA waiver, too?

San Francisco’s Fair Chance law limits criminal background checks

03/27/2014
San Francisco has “banned-the-box” on employment applications and has added other restrictions on private employers’ ability to obtain and use criminal history information. The City and County of San Fran­­cisco Board of Supervisors passed the Fair Chance Ordi­­­­nance in February, and the new law goes into effect Aug. 13.

T-shirt maker settles OT complaint for $171,000

03/27/2014
San Diego-based Fashion Graphics has agreed to pay back wages and penalties while voluntarily stopping all shipments until the $171,000 is paid to its current and former employees. The screen printer supplies such retail chains as Macy’s, Walmart, Kohl’s and Hot Topic.

Waitresses win $5.7 million in age discrimination case

03/27/2014
Four former servers at Woodland Hills’ Cables Restaurant will split a $5.7 million jury award. The ­servers who range in age from 49 to 70 claimed new management cleaned house in 2010 and replaced the workers with women in their 20s.

Logistics firm settles wage theft allegations

03/27/2014
Mira Loma-based Schneider Logis­­tics has agreed to settle charges it cheated a group of warehouse workers out of $4.7 million in wages. The company, which handles logistics for Walmart, agreed to the settlement without admitting any wrongdoing.

Beware promising that benefits are permanent

03/27/2014
Here’s something to think about when you revise your handbook or send out an announcement outlining your benefit plan: Be sure to tell workers that benefits can change at any time and that this year’s offering isn’t a promise that the benefits described will continue indefinitely.

Ensure arbitration agreement in application isn’t one-sided

03/27/2014
Employers that want to use arbitration to avoid protracted legal battles can include arbitration agreements in their applications and require applicants to sign as a hiring condition. That’s provided the agreement isn’t entirely one-sided.

When employee brings frivolous suit, demand recovery of your attorney fees

03/27/2014

Here’s some good news for em­­ployers facing a clearly frivolous lawsuit: The employee bringing the lawsuit may find himself on the hook for the employer’s legal fees. That only seems fair since ­employers often have to foot the bill for an employee’s successful lawsuit.